BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090020328 


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, Combat Infantryman Badge (CIB), and the Republic of Vietnam (RVN) Campaign Medal with Device (1960).

2.  The applicant states he was never issued these awards and decorations and they were not entered on his DD Form 214 at the time of his discharge while he was in the hospital located at Fort Leonard Wood, MO recovering from his wounds.  He concludes having this recognition added to his record will impact his entitlement to disability compensation through the Department of Veterans Affairs.

3.  The applicant provides a copy of 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 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 requested award of the Purple Heart for injuries received while in the RVN.  The applicant's record contains a copy of a DD Form 215 (Correction to DD Form 214), issued by the National Archives and Records Administration (NARA), dated 25 February 2005, which corrected his DD Form 214 for the period ending 11 June 1971 by adding the Purple Heart to Item 24 of the form.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's record shows he was inducted into the Army of the United States and entered active duty on 16 April 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was specialist four (SP4)/pay grade E-4.  On 11 June 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) and Item 30 (Remarks) of his DD Form 214 show he served in the RVN from 10 October 1970 through 2 February 1971.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the RVN, he served with Company A, 1st Battalion,
27th Infantry Regiment, 25th Infantry Division.  On 4 February 1971, his duty status was changed to "Patient" and he was medically evacuated to Medical Holding Company, U.S. Army Hospital, located at Camp Zama, Japan.  On
20 February 1971, he was further evacuated to the U.S. Army Hospital located at Fort Leonard Wood.

6.  Item 38 of the applicant's DA Form 20 also shows he received "excellent" conduct and efficiency ratings for each of his duty assignments during his tenure of service.  Additionally, there is no evidence that he had any court-martial convictions or was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the CIB or the RVN Campaign Medal with Device (1960).

8.  The applicant's record contains a DA Form 3647-1 (Clinical Record Cover Sheet) and a Standard Form 502 (Narrative Summary) which show he was injured while setting up a mechanical ambush with a Claymore mine on 26 January 1971 at Fire Support Base Beverly located in the RVN.  The mine exploded and as a result, he sustained multiple fragment wounds to his right chest wall, back, left arm, and buttocks.  He also sustained a perforation of his rectum and a contusion on his sciatic nerve.  These wounds were treated by a medical officer and made a matter of official record.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Expert Marksmanship Qualification Badge with Rifle Bar
[M-14], and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16].

10.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.

11.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Regulation 672-5-1 (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 first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Department of the Army General
Orders 8, dated 1974, announced award of the RVN 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show award of the CIB and the RVN Campaign Medal with Device (1960) were carefully considered and determined to have merit.

2.  In view of the applicant's award of the Purple Heart, it appears he participated in active ground combat while assigned to a qualifying unit of brigade, regimental, or smaller size, while serving in a qualifying MOS in the RVN.  Therefore, the applicant is entitled to award of the CIB and to have it added to his DD Form 214.

3.  Evidence shows the applicant completed a qualifying period of service for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to have his DD Form 214 corrected to show this campaign medal.

4.  Evidence shows the applicant completed a period of honorable service, he received all "excellent" conduct and efficiency ratings, and he had no court-martial convictions.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 16 April 1969 through 11 June 1971 and to correction of his DD Form 214 to show this award.

6.  General orders awarded all units in the RVN the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in the RVN.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit 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.  awarding him the Combat Infantryman Badge for the period October 1970 to January 1971;

	b.  awarding him the Army Good Conduct Medal (first award) for the period 16 April 1969 through 11 June 1971; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _________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)                                         AR20090020328



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ABCMR Record of Proceedings (cont)                                         AR20090020328



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