IN THE CASE OF:	

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090015808 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was wounded in action in Vietnam on 10 December 1968 and awarded the Purple Heart.

3.  The applicant provides copies of a Western Union Telegram and his DD Form 214.

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 26 October 1966 for a period of 3 years.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 29 March 1968 through 17 January 1969;

	b.  item 33 (Appointments and Reductions) that he was promoted to the rank/grade of sergeant (SGT)/E-5 with a date of rank of 26 June 1968;

	c.  item 38 (Record of Assignments) that he served in MOS 11B as an ammunition bearer and team leader while assigned to Company A, 1st Battalion (Airborne), 327th Infantry from 10 April 1968 to 23 December 1968;

	d.  item 39 (Campaigns) that he served in the RVN during the Tet Counteroffensive and an unknown campaign;

	e.  item 40 (Wounds) that he sustained fragment wounds to his right arm on 10 December 1968; and

	f.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Army Commendation Medal, Air Medal, Bronze Star Medal, and the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  Headquarters, U.S. Army Vietnam, message, date-time-group 110157Z December 1968, reported that the applicant was not seriously wounded on
10 December 1968 in the RVN.  He sustained fragment wounds to his right arm from a hostile rocket propelled grenade while on combat operations in the vicinity of Thua Thien.

5.  There are no orders in the applicant's military personnel records that show he was awarded the Purple Heart.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 August 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 2 years, 10 months, and 3 days of net active service.  Item 24 
(Decorations, Medals, Badges, Commendations, Citations, and Campaign 


Ribbons Awarded or Authorized) shows he was awarded the National Defense 
Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Army Commendation Medal, Air Medal, Bronze Star Medal, and the Marksman Marksmanship Qualification Badge with (M-14 and M-16) Rifle Bars.

7.  A review of The Adjutant General Casualty Division's Vietnam Casualty Roster shows the applicant's name is listed as a casualty on 10 December 1968 under casualty status code "23."  This casualty code refers to "Hostile wounded in action, not serious hospitalized."

8.  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 pertaining to the applicant.

9.  On 30 November 1989, the applicant completed a DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552).  He requested correction of his DD Form 214 to show the Purple Heart.

   a.  On 6 March 1990, the Supervisor, Awards Team, Awards and Veterans Affairs Benefits Section, St. Louis, MO, confirmed the applicant's entitlement to the Purple Heart.

   b.  On 12 March 1990, the Chief, ABCMR Section, U.S. Army Reserve Personnel Center, St. Louis, MO, indicated his records had been corrected and that a DD Form 215 (Correction to DD Form 214) showing the correction was provided to him.

10.  The applicant's military personnel records do not contain a DD Form 215 showing his DD Form 214 was corrected to add the Purple Heart.

11.  In support of his application, the applicant provides a copy of a Western Union Telegram, dated 12 December 1968, that shows The Adjutant General of the Army notified the applicant's parents that he had been slightly wounded in action in the RVN on 10 December 1968 as a result of hostile action.

12.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

13.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.
   a.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his military service.

   b.  A DA Form 137 (Installation Clearance Record), dated 22 August 1969, shows in the Remarks section the statement "Recommended for Good Conduct Medal."  The commander failed to indicate a recommendation of "Yes" or "No." However, he rated the applicant's conduct and efficiency as "excellent."

   c.  There is no evidence the applicant's commander denied him award of the Good Conduct Medal.

14.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant's assignment to Company A, 1st Battalion (Airborne), 327th Infantry, his battalion was awarded:

   a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 43, dated 1970; and

   b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971.

16.  The applicant’s military personnel records do not contain any orders or other evidence showing the applicant was awarded of the Combat Infantryman Badge.


17.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that 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.

18.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated 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; 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  There must have been no convictions by a court-martial.  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.

19.  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 established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, "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 Soldiers who have an infantry 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.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart because he was wounded in action in the RVN, but the award is not recorded on his DD Form 214.

2.  Records show that:

	a.  a U.S. Army Vietnam casualty message and Western Union telegram confirmed the applicant was wounded in action in the RVN on 10 December 1968,
	b.  item 40 of his DA Form 20 shows he sustained fragment wounds to his right arm on 10 December 1968,

	c.  The Adjutant General's Office Vietnam Casualty Roster confirms he was wounded in action connection with military operations in the RVN on
10 December 1968,

   d.  the ABCMR Section, U.S. Army Reserve Personnel Center, St. Louis, verified his entitlement to the Purple Heart in March 1990,
   
	e.  There is no evidence that the applicant's records were corrected to show he was awarded the Purple Heart,

	f.  Therefore, in view of the foregoing, it would be appropriate to correct his records to show the Purple Heart.

3.  The applicant served a qualifying period of active duty enlisted service from 26 October 1966 to 28 August 1969 and he received "excellent" conduct and efficiency ratings from his commanders throughout his military service.  The applicant's records do not contain disqualifying comments by any of his unit commanders.  As such, the applicant qualified for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him this award and correct his DD Form 214 to show this award.

4.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of 4 bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

5.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these foreign unit awards.

6.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  However, the applicant was awarded primary MOS 11B and he served in duty MOS 11B while assigned to an infantry unit in the RVN.  Moreover, he served in active ground combat while assigned or attached to his infantry unit as at the time of his wounding.  As such, the available evidence supports award of the Combat Infantryman Badge in this case. Therefore, it would be appropriate award him the Combat Infantryman Badge and correct his records to show this award.

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

   b.  awarding him the Purple Heart for wounds sustained in action in the RVN on 10 December 1968;

	c.  awarding him the Army Good Conduct Medal (1st award) for exemplary conduct, efficiency, and fidelity for the period 26 October 1966 to 28 August 1969;

	d.  awarding him the Combat Infantryman Badge for actions on 10 December 1968; and

   e.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st award), Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 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)                                         AR20090015808



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ABCMR Record of Proceedings (cont)                                         AR20090015808



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