IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013758 


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 Purple Heart and Combat Infantryman Badge.

2.  The applicant states he served in combat with the 199th Infantry Brigade in the Republic of Vietnam (RVN), but he never received the Combat Infantryman Badge.  He also states he was injured in a firefight and a medic treated him, but told him he was out of field casualty forms to record the incident.  He was never awarded the Purple Heart.

3.  The applicant provides no additional documentary evidence 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 and entered active duty in the U.S. Army on 11 October 1967.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant was inducted into the Army of the United States on 11 October 1967 and he was honorably discharged on 17 June 1968 to enlist in the Regular Army (RA).

	a.  At the time he had completed 8 months and 7 days of net active service and 2 months and 23 days of foreign service with U.S. Army Vietnam.

	b.  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), and Combat Infantryman Badge.

4.  The applicant enlisted in the RA for a period of 3 years on 18 June 1968.

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

	a.  item 31 (Foreign Service) that he served in the RVN from 25 March 1968 through 20 October 1969;

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

		(1)  in duty MOS 11B1O as a light weapons infantryman while assigned to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, from 13 April 1968 through 19 June 1968 and

		(2)  in duty MOS 70A (Assistant Postal Clerk) and MOS 71F (Postal Clerk) while assigned to Headquarters, 50th Army Postal Unit, from 20 June 1968 through 19 October 1969;

	c.  item 39 (Campaigns) that he served in the RVN during the following campaigns:

* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969

	d.  item 40 (Wounds) is blank; and

	e.  item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, three overseas service bars, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar.

6.  A second DD Form 214 shows the applicant entered active duty this period on 18 June 1968, was honorably released from active duty on 17 June 1971, and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  At the time he had completed 3 years of net active service this period; 8 months and 7 days of other service; 3 years, 8 months, and 7 days of total active service; and 1 year, 4 months, and 3 days of foreign service.

	b.  Item 24 shows the National Defense Service Medal, RVN Campaign Medal, three overseas service bars, Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), Vietnam Service Medal with six campaign [bronze service] stars, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  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.

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

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any individual awards or decorations to the applicant.

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

11.  Headquarters, U.S. Army Training Center, Armor and Fort Knox, Fort Knox, Kentucky, Special Orders Number 334, dated 30 November 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 022, dated 25 January 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

13.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 026, dated 30 January 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

14.  The applicant's 17 June 1968 DD Form 214 shows he was awarded the Vietnam Service Medal and his 17 June 1971 DD Form 214 shows he was awarded the Vietnam Service Medal with six 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.  One silver service star may be worn on the Vietnam Service Medal in lieu of five bronze service stars.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's tour of duty in Vietnam from 25 March 1968 to 20 October 1969 participation credit was awarded for the following campaigns:

* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969

15.  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 D, 4th Battalion, 12th Infantry, the regiment was awarded the:

	a.  RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 51, dated 1971, and

	b.  RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

16.  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 requests award of the Purple Heart and 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.  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 the Combat Infantryman Badge is recorded on the applicant's 17 June 1968 DD Form 214.  Therefore, it would be appropriate to correct his 17 June 1971 DD Form 214 to show the Combat Infantryman Badge.

4.  During the applicant's initial period of active service he served in the RVN from 25 March 1968 through 17 June 1968 and he participated in two Vietnam campaigns.  Therefore, it would be appropriate to correct his 17 June 1968 DD Form 214 to show award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct both of his DD Forms 214 to show these two foreign unit awards.

6.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) during his initial period of active duty.  Therefore, it would be appropriate to correct the applicant's 17 June 1968 DD Form 214 to show these badges.  The badges are listed on the applicant's 17 June 1971 DD Form 214.

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 17 June 1968 DD Form 214 the Vietnam Service Medal;

	b.  adding to item 24 of his 17 June 1968 DD Form 214 the Vietnam Service Medal with two bronze service stars, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16); and

	c.  adding to item 24 of his 17 June 1971 DD Form 214 the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and Combat Infantryman Badge.



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)                                         AR20100013758



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ABCMR Record of Proceedings (cont)                                         AR20100013758



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