BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100000944 


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 his 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states the awards are not on his DD Form 214 and he needs them to help him find work.

3.  In addition to a copy of his 1972 DD Form 214, the applicant provides a copy of General Orders Number 46 issued on 15 May 1971 by the 18th Surgical Hospital in Vietnam awarding him the Purple Heart for wounds sustained on 14 May 1971.  He also submits two Purple Heart award certificates, one for wounds received on 14 May 1971 and the other for wounds received on 3 May 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.  Records available to the Board indicate the applicant was inducted into the Army of the United States and entered active duty on 16 January 1970.  He was trained as an infantryman in military occupational specialty 11B and in March 1971 arrived in Vietnam where he was initially assigned to 3rd Squadron, 5th Cavalry.

3.  On 10 May 1971, orders were issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, awarding the applicant the Purple Heart for wounds sustained on 3 May 1971.  Five days later on 15 May 1971, orders were issued by the 18th Surgical Hospital awarding the applicant the Purple Heart for wounds sustained on 14 May 1971.  The applicant provides certificates for each of the awards.

4.  There are no medical records in the applicant's file associated with treatment for wounds on either 3 or 14 May 1971.  However, his record does contain a Western Union Telegram associated with the 3 May 1971 wounds.  There is also a casualty message in the applicant's file regarding the 3 May 1971 wounds which notes he was treated at the 18th Surgical Hospital.  The applicant's name is listed once on the Vietnam casualty roster for wounds received on 3 May 1971.  Item 40 (wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.

5.  In October 1971, the applicant was reassigned to the 2nd Battalion, 506th Infantry, in Vietnam where he remained until 6 December 1971 when he departed Vietnam and was ultimately assigned to Fort Hood, Texas, for the duration of his active duty service.

6.  On 2 February 1972, the applicant was released from active duty with an honorable characterization of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) reflects the following:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



7.  His DD Form 214 notes the applicant was separated on temporary records and his own affidavit.

8.  The applicant's records also contain a statement that his records arrived at Fort Hood, Texas, from Vietnam after the applicant was already released from active duty.

9.  There is no indication in the applicant's official military personnel file that he was ever awarded the Combat Infantryman Badge.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, failed to reveal any orders for the Combat Infantryman Badge.

10.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states 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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

	c.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.



	d.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  Appendix B lists three designated campaigns during the applicant's service in Vietnam (Vietnam Counteroffensive Phase VII, Consolidation I, and Consolidation II).

	e.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 5th Cavalry was awarded a Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was a member of that organization.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's records contain orders for two awards of the Purple Heart, it appears the applicant may have only been wounded once, on 3 May 1971 as evidenced by the Western Union Telegram, the entry on the Vietnam Casualty Roster, and the fact the applicant asked that his records be corrected to reflect only one award of the Purple Heart.  It is very possible, based on the evidence which is available, that the applicant's unit awarded him the Purple Heart for his 3 May 1971 wound and that the 18th Surgical Hospital then awarded him a Purple Heart while the applicant received medical treatment at that facility, but erred on the date he was wounded.

2.  In the absence of additional evidence confirming the applicant was actually injured on the 3d of May and again on the 14th of May, it would be appropriate at this point to confirm only one award of the Purple Heart for the wounds sustained on 3 May 1971 and correct the applicant's DD Form 214 to reflect that award.

3.  The evidence shows the applicant held an infantry specialty and performed duty in that specialty while in Vietnam.  His records show he was assigned to an infantry unit of brigade, regimental, or smaller size and his award of the Purple Heart is sufficient evidence he served in active ground combat.  In view of the foregoing, the applicant met the eligibility requirements for award of the Combat Infantryman Badge and his records should be corrected accordingly.

4.  The applicant participated in three designated campaign periods while in Vietnam and as such is entitled to three bronze service stars for wear on his Vietnam Service Medal vice the two currently shown.  He is also entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.



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;

	b.  deleting the Vietnam Service Medal from his 1972 DD Form 214; and

	c.  adding to his 1972 DD Form 214 the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, 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)                                         AR20100000944



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)