BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20090021213 


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 include the Purple Heart, the Bronze Star Medal, and the Combat Infantryman Badge (CIB).

2.  The applicant states he was wounded by shell fragments in the face, neck, left chest, and both legs while in the Republic of Vietnam and should be awarded the Bronze Star Medal.  During his tour he was assigned as a visual tracker and therefore should be awarded the CIB.  He contends the medals were omitted from his DD Form 214.

3.  The applicant provides the following in support of his application:

* National Personnel Records Center memorandum, dated 4 November 2009
* Visual Tracker Course diploma, dated 8 November 1969
* U.S. Army Reserve discharge orders effective 1 April 1975
* Standard Form 89 (Report of Medical History), Pre-Induction, dated 8 April 1969
* Standard Form 88 (Report of Medical Examination), dated 9 March 1971
* Standard Form 89, dated 9 March 1971
* DA Form 20 (Enlisted Qualification Record), dated 4 November 1970
* DD Form 214 effective 8 April 1971



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.  On 9 April 1969, the applicant was inducted into the Army of the United States for 2 years.  He was trained in and awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman).

3.  The records show he served in the Republic of Vietnam from 11 December 1969 through 23 June 1970.  He was assigned to the 175th Infantry Combat Tracker Detachment, 173d Airborne Brigade, with duty as an 11F (Coverman).

4.  A U.S. Army Vietnam Form 130 (U.S. Army Vietnam Casualty Report Format) shows that on 23 January 1970 he sustained fragmentation wounds to his left leg, chest, chin, and neck on a search and clear mission when three-to-four grenades were thrown by the Viet Cong.  He received treatment at the 67th Evacuation Hospital and later at the 249th General Hospital.  On 12 February 1970, he was assigned to the Medical Hold Company, Fort Dix, New Jersey, and on 24 April 1970 he was returned to duty.

5.  He was released from active duty on 8 April 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He attained the rank of specialist four/pay grade E-4 and completed 2 years of active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant's records do not contain any derogatory information.  Additionally, item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  Item 40 of his DA Form 20 shows "fragment wound left leg, chest, chin, neck," dated 23 January 1970.

9.  The documentation provided by the applicant shows he was trained as a visual tracker and that he sustained fragment wounds to the face, neck, chest and thighs.

10.  His name is listed on the Vietnam casualty roster; however, there are no general orders in his records to show he was awarded the Purple Heart, the Bronze Star Medal, or the CIB.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart or Bronze Star Medal.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.

12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze "V" Device in conjunction with award of the Bronze Star Medal indicates acts of heroism involving conflict with an armed enemy.

	c.  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.

13.  Army Regulation 600-200 (Enlisted Personnel Management System) provided instructions for the completion of the DA Form 20.  Paragraph 9-53 specified entry in item 40 of a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment and/or hospitalization.   The date wounded or injured was also to be entered.

14.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Army Regulation 672-5-1 (Military Awards) provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified 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 school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This publication shows that the 75th Infantry Detachment was cited in Department of the Army General Orders Number 51, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time of the applicant's assignment.

17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Winter-Spring 1970 campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

18.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, 


the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

19.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  U.S. Army Human Resources Command, Soldier Programs and Services Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Purple Heart, Bronze Star Medal, and Combat Infantryman Badge were omitted from his DD Form 214.

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam casualty roster which corroborates the casualty report and medical documentation contained in the record.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart.

3.  The evidence clearly shows he was awarded an infantryman military occupational specialty; was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam; and  he engaged in active ground combat.  Therefore, his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

4.  The applicant's records show he distinguished himself in the performance of his military service as evidenced by the injuries he sustained in combat, attaining the rank of specialist four, and achieving "excellent" conduct and efficiency ratings.  Accordingly, he should be awarded the Army Good Conduct Medal.



5.  Records show he participated in one campaign period during his service in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star to be affixed to his Vietnam Service Medal.

6.  Records show his unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

7.  There are no general orders that show the applicant was recommended for or awarded the Bronze Star Medal.  Should he have or be able to obtain a copy of the orders awarding him the Bronze Star Medal, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.

8.  However, if the applicant in fact was never awarded the Bronze Star Medal, while the available evidence is insufficient for awarding the applicant a Bronze Star Medal this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ____x____  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  awarding him the Army Good Conduct Medal for the period of 9 April 1969 through 8 April 1971; and

	b.  correcting item 24 of his DD Form 214 to add the Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to be affixed to his previously-awarded Vietnam Service Medal.
2.  The Board further determined 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 award of the Bronze Star Medal.



      ___________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)                                         AR20090021213



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ABCMR Record of Proceedings (cont)                                         AR20090021213



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