IN THE CASE OF:	  

		BOARD DATE:	   18 November 2010

		DOCKET NUMBER:  AR20100013726


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 Bronze Star Medal (BSM) and the Purple Heart (PH).

2.  The applicant states he attempted to join the Military Order of the Purple Heart, but was denied.  He was told to file an application for correction of his military records.

3.  The applicant provides:

* a letter dated 16 April 2010
* a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a letter from the Military Order of the Purple Heart, dated 5 March 2010
* his BSM and PH Certificates

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 for 2 years on 15 November 1966.  Following basic combat training and advanced individual training at Fort Knox, KY, he was awarded military occupational specialty (MOS) 11D (Armored Intelligence Specialist) and sent to Vietnam.

3.  The applicant was assigned to Vietnam with A Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division on or about 24 April 1967.  On 8 June 1967, while on a combat operation near Cu Chi, Republic of Vietnam, he suffered a traumatic amputation of both legs when struck by shrapnel from an enemy mine.  He departed Vietnam on or about 13 June 1967 via medical evacuation to Valley Forge General Hospital, Phoenixville, PA.

4.  Although the applicant's records do not contain orders awarding him the PH, the following evidence confirms his entitlement:

* the Vietnam Casualty Roster list his name as wounded in action
* his DA Form 20 (Enlisted Qualification Record) shows:

* in Item 38 (Record of Assignments) he was a medical evacuation patient
* in Item 40 (Wounds) he suffered traumatic amputation of both legs on 8 June 1967

* a Western Union Telegram stating he was wounded on 8 June 1967
* 25th Infantry Division SMITE Casualty Report – Very seriously wounded/injured as a result of hostile action
* Physical Disability Evaluation System Medical Evaluation Board and Physical Evaluation Board records retiring him for disability as a result of wounds received in action
* his Purple Heart Certificate

5.  General Orders Number 2685, Headquarters, 25th Infantry Division, Vietnam, dated 30 June 1967, awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force.

6.  There are also orders in the applicant's records awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).



7.  The applicant's DD Form 214 shows he was honorably retired by reason of permanent physical disability on 2 October 1967.  This document shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  During the Vietnam War, the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years 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

* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but nor more than 1 year

* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty

* For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty.  

The applicant's DA Form 20 shows he received uniformly "excellent" conduct and efficiency rating and had no convictions by a court-martial.

	b.  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.  Additionally, Appendix V of USARV 672-1, then in effect, provided 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 [emphasis added].

	c.  Bronze service stars, based on qualifying service for each campaign listed in Appendix B of this regulation, are authorized to be worn on the appropriate campaign or service medal including the Vietnam Campaign Medal.  The applicant participated in one campaign.

9.  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 document shows all units assigned to US Army Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the BSM and the PH.

2.  The available evidence clearly shows the applicant was seriously wounded in action.  His wounds resulted in his retirement by reason of physical disability.  Although orders awarding him the PH could not be found, it is clear from his PH Certificate that the PH was awarded; it should be added to his DD Form 214.

3.  General Orders Number 2685, Headquarters, 25th Infantry Division, awarded the applicant the BSM.  The BSM should also be added to his DD Form 214.

4.  The applicant's records show he is entitled to other awards which do not appear on his DD Form 214.  

* the Army Good Conduct Medal for his service from 15 November 1966 through 2 October 1967
* the Combat Infantryman Badge
* the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* a bronze service star for wear on his already awarded Vietnam Service Medal
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation

5.  The above awards should be added to his DD Form 214.

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:

* awarding him the Army Good Conduct Medal for the period from 15 November 1966 through 2 October 1967 and the Combat infantryman Badge
* adding to his DD Form 214:

* the BSM
* the PH
* the Army Good Conduct Medal
* the Combat Infantryman Badge
* the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one bronze service star for wear on his Vietnam Service 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)                                         AR20100013726



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ABCMR Record of Proceedings (cont)                                         AR20100013726



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