IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090020440 


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 and the Combat Infantryman Badge (CIB).

2.  The applicant states the Purple Heart was awarded to him on 25 January 1967 for wounds he received in combat while in the Republic of Vietnam (RVN).

3.  The applicant submits a copy of his DD Form 214 and a Purple Heart certificate 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 records show he was inducted into the Army of the United States on 30 March 1966.  Item 22 (Military Occupational Specialties (MOS)) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 11D (Armor Intelligence Specialist) on 12 July 1968.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the RVN from 12 December 1966 through 12 June 1967 and was assigned to 
A Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division.

4.  The applicant submitted a copy of a Purple Heart certificate which shows he was wounded in action in January 1967.

5.  The applicant's name is listed on the Vietnam casualty roster under casualty status code 23, which refers to "hostile wounded in action - not serious – not hospitalized," on 24 January 1970.

6.  The applicant's record contains a copy of a Western Union telefax, dated 27 January 1967, informing his parents that he was wounded in the RVN as a result of hostile action when his vehicle struck a landmine.

7.  On 20 December 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve.  He completed a total of 1 year, 9 months, and 1 day of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 Caliber Pistol), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and two overseas service bars.

8.  Army Regulation 600-8-22 (Military Awards) provides 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 that 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation (PUC) for the period 19 through 20 March 1967 by Department of the Army General Orders Number 3, dated 1969.  This pamphlet also shows the unit to which the applicant was assigned was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 15 February 1968 by Department of the Army General Orders Number 59, dated 1969.

12.  Department of the Army General Orders Number 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.

13.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in Vietnam, he participated in the Vietnam Counteroffensive Phase II (1 July 1966–31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967–29 January 1968), and the Tet Counteroffensive (30 January 1967–1 April 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the RVN casualty roster for wounds received on 24 January 1970 while serving in the RVN.  The evidence shows he was injured when the vehicle he was riding in ran over a land mine.  Therefore, his record should be corrected to show the award of the Purple Heart.

2.  The evidence of record shows he served in an infantry MOS in a cavalry unit and was wounded as a result of hostile action.  Therefore, he is entitled to award of the CIB.

3.  The available evidence confirms the applicant served in the Army from 30 March 1966 to 20 December 1967.  His records show that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

4.  General orders awarded the applicant's unit the PUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  Records show the applicant participated in three campaigns during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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 be corrected by:

	a.  awarding the applicant the Purple Heart for wounds received in action on 24 January 1970 while serving in the RVN;

	b.  awarding the applicant the CIB;

	c.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 30 March 1966 through 20 December 1967;

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

	e.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, CIB, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, PUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class 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)                                         AR20090020440



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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