IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100010183 


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 the following awards:

* Combat Infantryman Badge
* Purple Heart
* Arrowhead Device for the Vietnam Service Medal based on participation in an amphibious assault in conjunction with the 1st Marine Division during the Spring of 1968
* Joint Service Commendation Medal based on combat duty performed with the 1st Marine Division during the Tet Counteroffensive campaign in 1968

2.  The applicant states the following:

* He was wounded in combat as an infantry squad member 
* The awards did not follow him when he transferred to another unit
* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the arrowhead device on the Vietnam Service Medal 
* The sensitive nature of the unit missions became declassified after he was discharged
* He has started his claim for Department of Veterans Affairs (VA) benefits

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

* Service medical documents
* Paragraph 7-23 of Army Regulation 600-8-22 (Military Awards)
* Declassified document concerning operational report for quarterly period ending 30 April 1968
* Internet information on the Joint Service Commendation Medal 

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 of the United States on 3 August 1966.  He completed on-the-job training (OJT) for award of military occupational specialty (MOS) 11E (Armor Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the Republic of Vietnam (RVN) on 29 August 1967 with Troop I, 3rd Squadron, 11th Armored Cavalry and performed duties as a light weapons infantryman.  His DA Form 20 shows he was assigned to Troop B, 3rd Squadron, 5th Cavalry, 9th Infantry Division and performed duties as an armor crewman in duty MOS 11E in October 1967.  He departed the RVN in May 1968.  

4.  Item 40 (Wounds) on his DA Form 20 does not show he sustained any wounds as a result of hostile action.  His name is not included on the Vietnam Casualty Roster.

5.  His medical documents show he injured his back in a mine explosion on 1 October 1967.  

6.  The applicant’s Admission Form-Clinical Record Cover Sheet Worksheet, dated 1 October 1967, indicates he was a passenger in an armored personnel carrier (APC) when it hit a mine and the vehicle turned over pinning him.  He was diagnosed with a back injury.  The form indicated he was injured as a result of hostile action (IRHA).  


7.  The applicant provided an operational report for the quarterly period ending 30 April 1968 (declassified) which outlines the details of military operations of the 3rd Squadron, 5th Cavalry.  The report indicated Troop B had contact with the enemy three consecutive nights during route security operations on Route 2 between Blackhorse and Xuan Loc.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 15 February 1968 by Headquarters, Department of the Army General Order (DAGO) Number 43, dated 1970.

9.  Department of the Army Pamphlet 672-3 shows DAGO 48, dated 1971 as amended by DAGO 8, dated 1979 announced award of assault landing credits to participating units in an airborne assault in the vicinity of Katum, RVN between the hours of 0900 and 0907, inclusive 22 February 1967.  The arrowhead is authorized for wear on the Vietnam Service Medal for this assault landing in Vietnam.  

10.  Headquarters, DAGO Number 8, dated 1974, awarded all units which served in Vietnam the RVN Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase III, 
Tet Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.  

12.  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.

13.  Army Regulation 600-8-22 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.
14.  Army Regulation 600-8-22, paragraph 2-8g, gives examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: 

* injury caused by enemy bullet, shrapnel, or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire
* concussion injuries caused as a result of enemy generated explosions

15.  Army Regulation 600-8-22 states the “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, the Armed Forces Expeditionary Medal, the Global War on Terrorism Expeditionary Medal the Iraq Campaign Medal, and the Afghanistan Campaign Medal. 

16.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  In accordance with Deputy Secretary of Defense Memorandum, dated 29 November 1965, subject:  Combat Distinguishing Device for the Joint Service Commendation Medal, the "V" Device was authorized for wear for all services for acts or service involving direct participation in combat operations on or after 25 June 1963.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant completed OJT as an armor crewman and was awarded MOS 11E.  His service record does not indicate he was awarded an infantry MOS.  He was assigned to the 11th Armored Cavalry and primarily performed duties as an armor crewman while assigned to the 3rd Squadron, 5th Cavalry, during his tour in Vietnam.  Therefore, the applicant has not met the eligibility requirements for award of the Combat Infantryman Badge.  
2.  The applicant’s service medical documents confirm he injured his back in a mine explosion on 1 October 1967.  Medical records show he was a passenger in an APC when it hit a mine and he was injured as a result of hostile action.  His medical documents are sufficient to meet the regulatory burden of proof necessary to support award of the Purple Heart in this case and correction of his records to show this award.  

3.  Department of the Army Pamphlet 672-3 and DAGO Number 48 do not show the 1st Marine Division or the 3rd Squadron, 5th Cavalry received assault landing credit.  Therefore, there is insufficient evidence on which to base award of the arrowhead for wear on the applicant’s Vietnam Service Medal.   

4.  The Joint Service Commendation Medal is awarded by the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  However, the applicant's service record does not show he was authorized award of the Joint Service Commendation Medal, and this Board has no authority to award a Defense award.

5.  The applicant was assigned to a unit during a period of time that unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be amended to show this award.  

6.  The RVN Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show the RVN Gallantry Cross with Palm Unit Citation.

7.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 Purple Heart for wounds sustained on 1 October 1967; and 

	b.  adding the Purple Heart, RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

2.  The Board further determined that 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 the Combat Infantryman Badge, arrowhead device on the Vietnam Service Medal, and the Joint Service Commendation 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)                                         AR20100010183



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ABCMR Record of Proceedings (cont)                                         AR20100010183



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