BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100008841 


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 the Purple Heart.

2.  The applicant states the Purple Heart is not on his DD Form 214.

3.  The applicant provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), Standard Form 600 (Chronological Record of Medical Record), letter from his former company commander, and an email message in support of this 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 was inducted into the Army on 8 June 1967.  He completed his initial entry training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3.  The applicant's DA Form 20 shows he was promoted to sergeant/E-5 on 
2 October 1968.  It also shows he served in the Republic of Vietnam (RVN) from 15 November 1967 to 11 November 1968.

4.  Item 38 (Record of Assignments) of the DA Form 20 shows that during his RVN tour he was assigned to the 4th Battalion, 12th Infantry, 199th Infantry Brigade.  It also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 40 (Wounds) shows he sustained a fragment wound to his right leg and contusion to his back on 7 December 1967.

5.  The applicant's Official Military Personnel File (OMPF) contains a Western Union Telefax addressed to his parents that indicates he sustained metal fragment wounds to his left arm and left leg while in combat operations when engaged in a firefight with a hostile force.  His name is also listed on the RVN Casualty Roster as wounded in action as a result of hostile action; however, there are no orders in his records awarding him the Purple Heart.

6.  The applicant's OMPF is void of any derogatory information that would have precluded award of the Army Good Conduct Medal.

7.  On 6 June 1969, he was honorably released from active duty in the rank of sergeant after completing 1 year, 11 months, and 29 days of creditable active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device 1960
* one Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 2nd Class Gunner (81mm Mortar)

8.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders pertaining to the applicant were found in the ADCARS file.

9.  The applicant provided a Standard Form 600 that shows he was admitted at the U.S. Army Dispensary, Camp Zama, Japan on 9 December 1967 and treated for wounds.  He also provided a letter from his former company commander and an email message from a fellow Soldier.  Both documents attest to the applicant's entitlement to the Purple Heart.

10.  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.

11.  Army Regulation 600-8-22 states 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 (USARV) Regulation 672-1 states 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.

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.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the RVN. During the applicant's tour in the RVN, he participated in four campaigns:  Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April - 30 June 1968), and Vietnam Counteroffensive Phase V (1 July – 
1 November 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the unit to which the applicant was assigned (4th Battalion, 12th Infantry) was cited for the following awards:

* Valorous Unit Award for the period 31 January-19 February 1968 by Department of the Army General Order (DAGO) Number 48, dated 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968-31 July 1970 by DAGO Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966-31 August 1970, by DAGO Number 51, dated 1971

15.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit towards the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  His OMPF contains a Western Union Telefax that indicates he sustained metal fragment wounds to his left arm and left leg while in combat operations when engaged in a firefight with a hostile force.  His name is also listed on the RVN Casualty Roster as wounded in action.  Therefore, there is sufficient evidence on which to base awarding him the Purple Heart at this time and to add this award to his DD Form 214.

3.  Based on the circumstances surrounding the wounds he sustained while engaged in a firefight with a hostile force and the fact that he held an infantry MOS, he met the criteria for award of the Combat Infantryman Badge.  Therefore, it would be appropriate to award him this badge at this time and to add it to his DD Form 214.

4.  The applicant's record further confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  It is void of any derogatory information or unit commander disqualification that would have precluded award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 8 June 1967 through 6 June 1969 and to add this award to his DD Form 214.

5.  His DD Form 214 shows he was awarded the Vietnam Service Medal with two bronze service stars; however, his record confirms he participated in four campaigns while in the RVN.  As a result, his DD Form 214 should also be corrected to show the Vietnam Service Medal with four bronze service stars.

6.  The record also shows that based on his service in the RVN with the 4th Battalion, 12th Infantry, he is entitled to the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  It would also be appropriate to add these unit awards to his DD Form 214 at this time.

7.  The applicant's DD Form 214 shows he is authorized one Overseas Service Bar; however, based on his service in the RVN from 15 November 1967 to 
11 November 1968, he is authorized two Overseas Service Bars.  His DD Form 214 should also be corrected to reflect this fact.

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 Purple Heart for wounds sustained as a result of hostile action on 6 December 1967; the Combat Infantryman Badge, and the Army Good Conduct Medal for his qualifying period of honorable active duty service from 
8 June 1967 through 6 June 1969;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars and one Overseas Service Bar; and

	c.  adding to his DD Form 214 the Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two Overseas Service Bars.




      _______ _   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)                                         AR20100008841



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)