IN THE CASE OF:	  

		BOARD DATE:	       16 JULY 2009

		DOCKET NUMBER:  AR20090004348 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and Combat Infantryman Badge.   

2.  The applicant states that he was in a combat infantry unit deployed in a combat zone for more than 60 days in Vietnam.  He contends that he was wounded in action on 7 August 1970 while on a combat operation in Vietnam and that he was awarded the Purple Heart while in the hospital.

3.  The applicant provides service medical records; Western union telegrams; and a copy of 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 enlisted in the Regular Army on 3 November 1969 for a period of 2 years.  He was awarded military occupational specialty (MOS) 11D (armor reconnaissance specialist).  He arrived in Vietnam on 22 June 1970.  He served in MOS 11D while assigned to Company C, 4th Battalion, 31st Infantry in Vietnam from 6 July 1970 until he was wounded in action on 7 August 1970 and evacuated to the United States on 23 August 1970 for further medical treatment.  On 21 September 1971, the applicant was released from active duty in the rank of specialist five after completing 1 year, 10 months, and 19 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  

5.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart. 

6.  A Western Union telegram, dated 9 August 1970, states the applicant was wounded in Vietnam on 7 August 1970 while on a combat operation when a booby trap detonated.  

7.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was wounded on 7 August 1970.  The Vietnam Casualty Roster also shows the applicant was wounded in action on 7 August 1970.

8.  The applicant provided service medical records, dated 21 June 1971, which state that he sustained multiple fragment wounds in Vietnam. 

9.  There are no orders for the Combat Infantryman Badge in the available records. 

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

11.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record.

13.  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 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  Item 40 on the applicant's DA Form 20, the Western Union telegram which states the applicant was wounded in action on 7 August 1970 in Vietnam while on a combat operation, and the entry on the Vietnam Casualty Roster are accepted as sufficient evidence on which to amend his DD Form 214 to add the Purple Heart. 
2.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He was also wounded in action.  Therefore, there is sufficient evidence on which to amend his DD Form 214 to add the Combat Infantryman Badge.

3.  The applicant was separated in the rank of specialist five with 22 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 
3 November 1969 through 21 September 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.
 
4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

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 him the first award of the Good Conduct Medal for the period 
3 November 1969 through 21 September 1971; and   







	b.  adding the Purple Heart, the Combat Infantryman Badge, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214. 




      _______ _   XXX_______   ___
               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)                                         AR20090004348



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004348



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1