BOARD DATE:	  11 August 2009

		DOCKET NUMBER:  AR20090009319 


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 that his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) be corrected by adding the Purple Heart and Combat Infantryman Badge as a unit award.    

2.  The applicant states he was presented with the Purple Heart at the Chu Lai  
Hospital.  He was wounded in both legs and the buttocks by a booby trap on 
8 February 1971.

3.  The applicant provides a copy of his DD Form 214 in support his request.

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 was appointed as a U.S. Army Reserve (USAR) officer in the Armor Branch and entered active duty on 15 August 1969.  He qualified as a sharpshooter with the .45 caliber pistol on 17 January 1970.  
  
3.  He served in Vietnam as a platoon leader with H Troop, 17th Cavalry Regiment from 12 August 1970 until he was medically evacuated on 22 February 1971.

4.  A DA Form 67-6 (U.S. Army Officer Efficiency Report) for the period 6 June 1970 to 21 February 1971 states that the applicant was a smart, aggressive, and highly effective leader in mounted and dismounted operations.  He is credited with personally leading a patrol element when he was wounded in action.  

5.  On 15 June 1971 he was released from active duty as a first lieutenant at the expiration of his active duty commitment and transferred to the USAR Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 lists his authorized awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal.

6.  On 2 March 1973 a Physical Review Board (PRB) considered the Veterans Administration (VA) [now the Department of Veterans Affairs] rating evaluation that found him 100 disabled because of multiple fragment wounds to his right ankle, right leg, left calf, both buttocks, left inner thigh, and other wounds including a fractured right fibula.  The applicant was discharged from the USAR as not physically qualified. 

7.  The applicant's name does not appear on the Vietnam Casualty Roster.  

8.  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 medical personnel, and the medical treatment must have been made a matter of official record.

9.  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.  The Combat Infantryman Badge is an individual award.

10.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces 
operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

11.  Additional award information is applicable to the applicant's case, as follows:

	a.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in the Vietnamese Counteroffensive Phase VII campaign that extended from 1 July 1970 - 30 June 1971.  A bronze service star is to be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	b.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that H Troop, 17th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8 of 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was presented with the Purple Heart at the Chu Lai  
Hospital.  He was wounded in both legs and the buttocks by a booby trap on 
8 February 1971.
    
2.  Evidence shows the applicant was wounded in action.  While there are no medical treatment records as such, the fact that he was medically evacuated and considering the extent of his wounds as shown in the VA rating reviewed by the PRB, there is sufficient information to conclude that the requirement for "the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record" has been met.  Therefore, he should be awarded the Purple Heart.    

3.  The applicant qualified as a sharpshooter with the .45 caliber pistol.  He is entitled to a bronze service star for wear on the Vietnam Service Medal, and he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Therefore, the above awards and decorations should be added to his DD Form 214.

5.  The applicant was an armor branch officer serving with a cavalry unit. Notwithstanding that the evidence seems to show he was dismounted when he was wounded,  he is not eligible for award of the Combat Infantryman Badge.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  __x_____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Purple Heart for wounds received as a result of hostile action on 8 February 1971; and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with one bronze service star, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Combat Infantryman Badge.



      ___________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)                                         AR20090009319



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ABCMR Record of Proceedings (cont)                                         AR20090009319



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