IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100009941 


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, the Good Conduct Medal, the Combat infantryman Badge (CIB), and any other individual or unit awards and decorations to which he is entitled.

2.  He states, in effect, he believes he is entitled to additional awards and decorations in recognition of his participation in numerous operations while serving in the Republic of Vietnam (RVN) and his participation in the Reforger I training exercise in Germany.

3.  He also states in or about April 1968, he took part in Operation Pegasus in Khe Sanh, RVN.  During that time his duty was to set up a communications relay station on a mountaintop in order to communicate by radio to the base camp near Quang Tri landing zone.  The purpose was to keep base camp informed of all activities in which the unit was involved.  He further states they were accompanied by an infantry platoon equipped with automatic weapons.  He attests their command post received rocket fire and incoming mortars on several occasions.  On one occasion the enemy attempted to overrun their relay station.

4.  He continues that after departing that camp, they returned to Quang Tri landing zone in the last part of April.  While they were constructing bunkers, his unit received incoming rounds which caused him to drop a piece of perforated steel planking, which resulted in cutting the side of one of his fingers off.  He attests that a medic asked him if he wanted a Purple Heart, but at the time it did not seem to be necessary.  He continues that he was medically evacuated to a field medical unit near Da Nang, where they performed a skin graft on his left hand by removing skin from the upper portion of his left arm.  He states he has no recollection of the names of the medical personnel who treated him.

5.  He further states that following his return from RVN, he was stationed at Fort Riley, KS and he travelled from there to Germany and participated in the Reforger I training exercise.

6.  He concludes that his attempts to obtain any record of his injury in RVN, his combat activities in RVN, or his participation in Reforger I have been unsuccessful.  However, he desires these corrections because he would like to leave the medals as mementos for his family.

7.  He provides a copy of his DD Form 214 and a self-authored statement.

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.  His record shows he enlisted in the Regular Army on 27 July 1966 and held military occupational specialty (MOS) 05B (Interspeed Radio Operator).  The highest rank/pay grade he attained while serving on active duty was sergeant/
E-5; however, at the time of his separation he held the rank/pay grade of specialist four/E-4.  On 25 July 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served an overseas tour of duty in the Republic of Vietnam from 14 January 1967 through 17 August 1968.

	b.  Item 38 (Record of Assignments) shows that during his entire tour of duty in the Republic of Vietnam he served in Headquarters and Headquarters Company, 1st Brigade, 1st Cavalry Division (Air Mobile) in both MOS 05B and MOS 36K (Field Wireman).

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.

	d.  Item 39 (Wounds) is blank.

4.  Item 41 (Awards and Decorations) of his DA Form 20 and Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 show he was awarded or authorized to wear the:

* National Defense Service Medal
* Vietnam Service Medal
* the Republic of Vietnam Campaign Medal with Device (1960)
* three Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  His record contains Special Orders Number 203 issued by Headquarters, 24th Infantry Division, Fort Riley, KS, dated 22 July 1969, which show he was reduced in rank/pay grade from SGT/E-5 to SP4/E-4 effective 17 July 1969 as the result of his receipt of punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for misconduct.

6.  There is no evidence in the available record and he has not provided any evidence showing:

	a.  he was awarded or recommended for award of the Purple Heart, the Good Conduct Medal, or CIB.

	b.  he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

	c.  he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

	d.  he participated in the Reforger I training exercise in Germany or that he was ever awarded or recommended for any awards or decorations for doing so.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 Purple Heart or any other awards pertaining to the applicant.

8.  His name does not appear on the Vietnam casualty roster.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a direct 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 military personnel, and the medical treatment must have been made a matter of official record.

10.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the CIB was authorized for award to infantry officers, enlisted personnel, and to warrant officers who had an infantry specialty/MOS.  This regulation further provided that radio/telephone operators, MOS 05B, are only entitled to the CIB if their primary duty was to accompany infantry or infantry-type units on tactical operations.  In addition to having an eligible 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 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

12.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.
Appendix B shows the campaigns for Vietnam.  During his tour of duty in Vietnam he participated in five campaigns:  the Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III, the TET Counteroffensive, the Vietnam Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V.
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This pamphlet shows Department of the Army General Orders (DAGO) 21, dated 1969, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's unit for achievements during his period of assignment.  There is no indication his unit received any additional awards for actions during his period of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Purple Heart, the Good Conduct Medal, the CIB, and any other individual or unit awards and decorations to which he is entitled was carefully considered.

2.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his Vietnam Service Medal and to correction of his DD Form 214 to reflect this fact.

3.  DAGO awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit for achievements during his period of assignment; therefore, he is entitled to correction of his records to show receipt of this unit recognition.

4.  His record is void of any orders or other documents indicating he was awarded the Purple Heart by proper authority while serving on active duty.  A review of the ADCARS database failed to reveal any orders for the Purple Heart pertaining to him and his name does not appear on the Vietnam casualty roster.

5.  Accidental wounding not related to or caused by enemy action does not meet the eligibility criteria for award of the Purple Heart.  Absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action or as a result of "friendly fire" in the "heat of battle," that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding him the Purple Heart in this case.

6.  There is no evidence showing that he was ever awarded or recommended for award of the CIB.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS or in MOS 05B in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The applicant's record is void of any evidence and he has failed to provide evidence that fulfills this requirement.  Accordingly, he is not entitled to award of the CIB.

7.  Evidence shows he was reduced in rank/pay grade from SGT/E-5 to SP4/E-4 for misconduct a week prior to his separation.  Additionally, there is no evidence showing that he was ever awarded or recommended for award of the Good Conduct Medal.  By regulation, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.  Accordingly, he is not entitled to award of the Good Conduct Medal.

8.  There is no evidence showing he participated in the Reforger I training exercise in Germany or that he was ever awarded or recommended for any awards or decorations for doing so.  Accordingly, he is not entitled to any additional awards or decorations based upon participating in Reforger I.

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 is 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.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

	b.  adding the following to item 24 of his DD Form 214:

		(1)  the Vietnam Service Medal with one silver service star, and

		(2)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 showing award of the Purple Heart, the CIB, the Good Conduct Medal, or any additional awards or decorations based upon participating in Reforger I.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  



      ___________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)                                         AR20100009941





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ABCMR Record of Proceedings (cont)                                         AR20100009941



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