IN THE CASE OF:	

		BOARD DATE:	23 July 2009    

		DOCKET NUMBER:  AR20080018796 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Combat Infantryman Badge (CIB), the Purple Heart (PH) and any other awards that he is entitled to.  

2.  The applicant states, in effect, that the medals are not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides his DD Form 214 in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.



2.  The applicant's record shows that he enlisted in the Regular Army (RA) and entered active duty on 24 June 1966, for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade he attained was pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam (RVN) from 30 October 1967 through 7 July 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company C, 3rd Battalion (Airborne), 506th Infantry from 
30 October 1967 to 11 May 1968 and Company A, 1st Battalion (Airborne), 327th Infantry from 12 May – 7 July 1968, performing duties in MOS 11B as a Team Leader.  It also shows that he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 had an entry; however, the entry was obliterated.  Item 41 (Awards and Decorations) does not include the PH or the CIB in the awards listed.  His record is void of any orders or other documents that show he was ever recommended for or awarded the PH by proper authority.

5.  Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) of the applicant's DA Form 20 indicates that he was absent without leave (AWOL) from 7 to 9 December 1968.  The applicant's military record does not indicate that he received any punishment for the offense.

6.  A Report of Medical Examination, dated 5 November 1968, shows that the applicant was examined for the purpose of a medical board to determine whether the applicant was qualified for retention.  The examination revealed that the applicant sustained a fracture to the right thumb in January 1968 and he sustained multiple fragment wounds to the left lower extremity in June 1968, while assigned to the RVN.  

7.  On 10 January 1969, a Physical Evaluation Board (PEB) found the applicant unfit for military service.  The PEB found the applicant's disability was a direct result of armed conflict and was caused by an instrumentality of war.  The PEB recommended a combined disability rating of 30 percent and recommended that the applicant be placed on the Temporary Disability Retired List (TDRL).  The applicant concurred with the recommendation. 

8.  On 22 May 1969, the applicant was honorably retired and placed on the TDRL after completing 2 years, 10 months, and 26 days of active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign 
Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that during his active duty tenure he earned the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Parachutist Badge.  The PH and the CIB are not included in the list of awards contained on the DD Form 214.

9.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name is listed on the roster pertaining to the applicant being wounded in action on 22 May 1968 under casualty status code 23, which refers to "hostile wounded in action – not serious – hospitalized." 

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Special Orders Number 162, Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center, Infantry Fort Dix, New Jersey, dated
2 August 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

14.  Special Orders Number 164, same headquarters, dated 11 October 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

15.  Special Orders Number 129, Headquarters, 101st Airborne Division, Fort Campbell, Kentucky, dated 18 July 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

17.  Army Regulation 600-8-22, paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with his award for each campaign a member is credited with participating in while serving in the RVN.  During the applicant's assignment to Vietnam he was credited with participating in the Vietnam Counteroffensive, Phase III (1 June 1967 – 
29 January 1968), Tet Counteroffensive (30 January 1968 – 1 April 1968), Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968), and Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968) campaigns.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit, (3rd Battalion, 506th Infantry), received the Valorous Unit Award (31 January – 25 February 1968) by Department of the Army General Orders (DAGO) 43, dated 1970; and the RVN Civil Actions Honor Medal First Class Unit Citation (18 March 1968 – May 1970) by DAGO 48, dated 1971.  The applicant's subsequent unit of assignment in    the RVN (1st Battalion, 327th Infantry) received the Presidential Unit Citation    (2-20 June 1968) by DAGO 59, dated 1968; RVN Gallantry Cross with Palm Unit Citation (19 July 1968 – 14 May 1969) by DAGO 43, dated 1970; and a second award of the RVN Civil Actions Honor Medal First Class Unit Citation (18 March 1968 – 2 May 1970) by DAGO 48, dated 1971.

19.  Army Regulation 600-8-200 provides in pertinent part that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.  This award is accompanied with a bronze oak leaf cluster to denote the second and succeeding awards.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the PH was carefully considered and found to have merit.  Although there are no orders awarding the applicant the PH, the evidence of record shows that he was wounded in RVN and the injuries that he sustained resulted in him being medically retired from service.  Additionally, during the processing of this case, a member of the Board's staff reviewed the DA Vietnam Casualty Roster.  The applicant's name was listed on the roster as being wounded in action on 22 May 1968.  As a result, it would be appropriate to award the applicant the PH and add it to his record and DD Form 214 at this time.  

2.  The applicant's contention that he is eligible for the CIB based on his combat service as a light weapons infantryman in the RVN was carefully considered and found to have merit.  Evidence of record confirms the applicant held and served in an infantry MOS, in a qualifying infantry unit, and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Therefore, the applicant should be awarded the CIB and his records should be corrected to show this award.

3.  Although the applicant's OMPF indicates that he went AWOL for 2 days, it also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  The applicant's record is void of any other derogatory information or a unit commander disqualification that would have prohibited him from receiving the Army Good Conduct Medal.  As a result, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying period of honorable active duty service from 24 June 1966 to 22 May 1969 and to add this award to his record and DD Form 214 at this time.

4.  Special Orders Number 162, dated 2 August 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his record to show this award. 

5.  Special Orders Number 164, dated 11 October 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, it would be appropriate to correct his record to show this award. 

6.  Special Orders Number 129, dated 18 July 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.  Therefore, it would be appropriate to correct his record to show this award.

7.  The evidence of record further confirms that based on his service and campaign participation in the RVN, he is also entitled to the Vietnam Service Medal with 4 bronze service stars, Valorous Unit Award, Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation with 1 oak leaf cluster.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time. 

BOARD VOTE:

____X____  _____X___  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the PH for being wounded in action in the RVN on 22 May 1968;

   b.  awarding the applicant the AGCM (first award) for his qualifying honorable active duty service from 24 June 1966 through 22 May 1969;
   
   c.  awarding the applicant the CIB for his qualifying combat service in the RVN;

	d.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

   e.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (first award), Civil Actions Honor Medal First Class Unit Citation with 1 oak leaf cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with 4 bronze service stars; Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and Marksman Marksmanship Qualification Badge with Machinegun Bar; and

   
f.  providing him a correction to his DD Form 214 that includes these changes.




      ___________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080018796



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ABCMR Record of Proceedings (cont)                                         AR20080018796



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