IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100013647 


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, in effect, award of the Combat Infantryman Badge (CIB), Purple Heart, and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the Army Commendation Medal (ARCOM) he was awarded.

2.  The applicant states he was wounded in Vietnam and he was offered the Purple Heart but he turned it down as his parents had heart problems and he did not want them to know he was injured.  He did not know he could apply for it later.

3.  The applicant provides a self-authored statement, a DD Form 1380 (U.S. Field Medical Card), his U.S. Army Reserve (USAR) discharge orders, a Department of Veterans Affairs (DVA) letter, and an ARCOM citation.

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's records shows he was inducted into the Army of the United States on 7 September 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  Upon his promotion to the rank/grade of sergeant (SGT)/E-5 he was awarded primary MOS 11C (Infantry Indirect Fire Crewman) and his initial MOS of 11B was designated as his secondary MOS.

3.  His records further show he served in Vietnam from 21 March 1967 to
10 March 1968 while assigned to 4th Battalion, 12th Infantry, 199th Infantry Brigade.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings.  His record is void of any derogatory information that would disqualify him for the first award of the Good Conduct Medal.

4.  He was honorably released from active duty (REFRAD) in the rank/grade of SGT/E-5 on 6 September 1968 and he was transferred to the USAR Control Group to complete his remaining Reserve obligation.  He served 2 years of total active service with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14].

6.  The applicant's record contains General Orders Number 574, issued by Headquarters, 199th Infantry Brigade, dated 10 June 1968, that awarded him the ARCOM for meritorious service in the Vietnam from March 1967 to March 1968. 

7.  His records do not contain orders awarding him a CIB or a Purple Heart.

8.  The applicant provides an undated self-authored statement, wherein he states, in effect, while serving in Vietnam he fought many battles and qualified for the CIB but it was not put in his records.  He also received an ARCOM and he 


was wounded by a punji stick but he did not receive a Purple Heart because his parents had heart problems and he did not want them to know he was wounded.  The DVA office in Columbia, SC told him the injury qualifies him for the Purple Heart.

9.  The citation he provides for his award of the ARCOM states, in part, "His alert and aggressive actions on patrols, ambushes, and other combat operations earned him the respect and admiration of all with whom he served."

10.  He also provides a DD Form 1380, dated 10 October 1967, wherein it states he was wounded in the right knee by a punji stick during a company sweep and he was treated for the injury.  Item 16 (Injury) of his form indicated the injury was a result of enemy action.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges, and paragraph 8-6 contains guidance on award of the Combat Infantryman Badge.  It states, in pertinent part, the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

12.  Army Regulation 600-8-22, paragraph 2-8 contains guidance on the Purple Heart and states that in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.

13.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is
3 years except in those cases when the period for the first award ends 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.

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 following three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)  

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the
4th Battalion, 12th Infantry, 199th Infantry Brigade, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 - 31 August 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971.

17.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 - 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

2.  With respect to the Combat Infantryman Badge, the evidence of record shows he held an infantry MOS and he was assigned to an infantry battalion when he was wounded by a punji stick during a company sweep in Vietnam.  In addition, he was awarded an ARCOM for his actions on patrols and other combat missions.  This is accepted as sufficient evidence to award him the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this award.

3.  With respect to the Purple Heart, the DD Form 1380 he provides shows on
10 October 1967, during a company sweep in Vietnam, he was injured by a punji stick and he was treated for a wound to his right knee caused by the punji stick.  Punji sticks were commonly used by the Viet Cong as weapons against American Soldiers.  As such, the medical evidence provided by the applicant is 
accepted as sufficient to have met the criteria for award of the Purple Heart for a wound sustained on 10 October 1967.  Therefore, he should be awarded the Purple Heart and his DD Form 214 should be corrected to show this award.

4.  The evidence of record confirms he served honorably from 7 September 1966 through 6 September 1968.  He attained the rank/grade of SGT/E-5, and received "excellent" conduct and efficiency ratings.  Therefore, he is entitled to the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correction of his DD Form 214 to show this award.

5.  His record shows he was awarded the Vietnam Service Medal.  He also participated in three campaigns while serving in Vietnam; therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  General Orders awarded his unit of assignment the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit awards.

7.  General orders awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

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


	b.  awarding him the Purple Heart for wounds received in action on 10 October 1967 in Vietnam;

	c.  awarding him the Army Good Conduct Medal (first award) for the period
7 September 1966 through 6 September 1968;

	d.  awarding him the Combat Infantryman Badge for actions on 10 October 1967; and

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

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (first award)
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars 
* Republic of Vietnam N Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class 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)                                         AR20100013647



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ABCMR Record of Proceedings (cont)                                         AR20100013647



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