BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100012648 


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 records to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states he was awarded the Purple Heart in September or October 1970.  He adds he is receiving disability for the wound he sustained to his eye.  He also states he was awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his 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 of the United States and entered active duty for a period of 2 years on 5 February 1970.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms) that he qualified as Expert with the M-16 rifle on 6 May 1970 and as Sharpshooter with the M-60 machinegun on 15 May 1970;

	b.  item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 13 July 1970 through 8 September 1971;

	c.  item 38 (Record of Assignments) that he served in:

		(1)  duty MOS 11B as a rifleman while assigned to Company A, 3rd Battalion, 12th Infantry, 4th Infantry Division, from 26 July 1970 through 2 December 1970 and

		(2)  duty MOS 11B as a security guard while assigned to the Security Guard Detachment, U.S. Army Vietnam, from 3 December 1970 through 5 September 1971;

	d.  item 39 (Campaigns) that he served in the RVN during a 13th unnamed [as then] campaign;

	e.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar; and

	f.  item 40 (Wounds) no entries.

4.  Headquarters, 4th Infantry Division, Special Orders Number 259, dated 16 September 1970, awarded the applicant the Combat Infantryman Badge.

5.  There is no evidence in the applicant's military personnel records that shows he was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

6.  A review of The Adjutant General's Office Casualty Division's Vietnam casualty roster confirmed the applicant's name is not on the roster.

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 orders pertaining to award of the Purple Heart to the applicant.

8.  The applicant's DD Form 214 shows he was honorably released from active duty on 9 September 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 1 year, 7 months, and 5 days of net active service and 1 year, 1 month, and 26 days of foreign service.

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Army Commendation Medal, and Army Good Conduct Medal.

	b.  Item 30 (Remarks) shows he served in the RVN from 12 July 1970 to 8 September 1971.

9.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

10.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam from 12 July 1970 to 8 September 1971, participation credit was awarded for the following campaigns:
   
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July 1971-30 November 1971)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to Company A, 3rd Battalion, 12th Infantry, the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 52, dated 1971.

12.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded for a wound sustained 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was awarded the Purple Heart and the Combat Infantryman Badge.

2.  The applicant's claim to the Purple Heart was carefully considered.

	a.  There is no evidence in the applicant's military service records that shows he was wounded as a result of hostile action, that such wound required treatment, or that the medical treatment was made a matter of official record.

		(1)  The applicant's name is not listed on the Vietnam casualty roster.

		(2)  There are no orders that show he was awarded the Purple Heart.

	b.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.

3.  The evidence of record shows:

	a.  Special orders awarded the applicant the Combat Infantryman Badge.

	b.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.

	c.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

	d.  The applicant qualified with and was authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

	e.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the aforementioned awards and decorations.

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 from item 24 of his DD Form 214 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).



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 the Purple Heart.



      ___________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)                                         AR20100012648



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012648



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1