DOCKET NUMBER:  AR20100014197 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and Combat Infantryman Badge.  He also requests Item 12 (Last Duty Assignment and Major Command) reflect Company B, 2nd Battalion, 502nd Infantry, 1st Brigade, 101st Airborne Division.

2.  The applicant states the Purple Heart was not entered on his DD Form 214 due to a service number error on his Purple Heart award; item 12 is incorrect due to an oversight; and he wants the Combat Infantryman Badge entered on his DD Form 214 if evidence shows he was authorized it.

3.  The applicant provides copies of his DD Form 214; a letter, subject: Reassignment Orders (Medical Evacuees); Headquarters, 101st Air Cavalry Division General Orders Number 4864; his Purple Heart Certificate; and Department of the Air Force 22nd Casualty Staging Flight Special Order A-200.

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 military records show he was inducted into the Army of the United States on 11 January 1967.  He completed initial entry training and was awarded the military occupational specialty of light weapons infantryman.  The highest rank/pay grade he held was private first class/E-3.

3.  His DA Form 20 (Enlisted Qualification Record) does not show the duty MOS in which he served while assigned to Company B, 2nd Battalion, 502d Infantry in the Republic of Vietnam (RVN) during the period 12 July to 18 August 1967.  This form further shows he was assigned to Medical Detachment 3414, William Beaumont General Hospital in El Paso, Texas, in a patient status from 19 August 1967 to 5 February 1968.  He was transferred to the U.S. Army Hospital at Fort Wolters with duty at U.S. Air Force Hospital at Carswell Air Force Base in Texas in a patient status during the period 6 February to 30 June 1968.  On 1 July, he was reassigned to the Medical Detachment 3414, William Beaumont General Hospital in El Paso, Texas and remained there until he was medically retired.

4.  Headquarters, 1st Brigade, 101st Airborne Division Special Orders Number 200, dated 19 July 1967, shows authority was given to the 2nd Battalion, 502nd Infantry to reassign Soldiers under its command who were listed on the order, including the applicant.

5.  Headquarters, 1st Brigade, 101st Airborne Division letter, subject: Reassignment Orders (Medical Evacuees), dated 4 September 1967, shows the applicant was medically evacuated to William Beaumont General Hospital, El Paso, TX and provided his reassignment instructions to the 2nd Battalion (Airborne), 502nd Infantry.

6.  A Standard Form (SF) 502 (Clinical Record - Narrative Summary), dated 23 March 1968, shows he was injured in the Republic of Vietnam by fragment wounds to the left hand and wrist on 14 August 1967.

7.  On 7 November 1968, he was honorably retired from active duty with a 40 percent disability.  He completed 1 year, 9 months, and 27 days of creditable active service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with device 1960.  It further shows he was authorized the Expert Marksmanship Qualification Badge (M-16) and Marksman Marksmanship Qualification Badge (M-14).

9.  His records contain Headquarters, 101st Air Cavalry Division General Orders Number 4329, dated 2 August 1968, showing he was awarded the Purple Heart for wounds received in action on 14 August 1967.

10.  The applicant provided Headquarters, 101st Air Cavalry Division General Orders Number 4864 and a Purple Heart Certificate, dated 21 August 1968, showing he was awarded the Purple Heart for wounds received in action on 14 August 1967.  These two documents show his correct name, rank, and unit of assignment; however, the last digit of his service number shown on the two documents is incorrect.

11.  The available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge by proper authority.

12.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings throughout his service.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

13.  Army Regulation 600-8-22 (Military Awards) 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 Regulation 672-1 (Decorations and Awards) 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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  Although there was no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

15.  Appendix B, Army Regulation 600-8-22 shows the campaigns for Vietnam.  During his tour in Vietnam he participated in the Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968) campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.  The version of the regulation in effect at the time stated that for personnel reassigned on orders to a medical holding detachment prior to separation, enter the losing unit of assignment as shown on the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agcy" of the orders reassigning the individual to the medical holding detachment in item 12.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention is indeed correct that his service number is incorrect on the general orders and a certificate awarding him the Purple Heart that he provided, but his records contain correct general orders awarding him the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He had an infantry MOS and was assigned to a qualifying infantry unit.  While there is no specific available evidence he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces, it is reasonable to presume he was engaged with the enemy when he received his wounds.  As such, it would be appropriate to add the Combat Infantryman Badge to his DD Form 214.

3.  While there is no order or other available evidence that the applicant was awarded the Army Good Conduct Medal, based on the absence of any disqualification for award of the Army Good Conduct Medal, it can be presumed that the applicant was eligible for award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  As such, it would be appropriate to award him the Army Good Conduct Medal for the period 11 January 1967 through 7 November 1968 and add this award to his DD Form 214.

4.  Based on 1st Brigade, 101st Airborne Division special orders authorizing reassignment within the battalion of the applicant by the 2nd Battalion, 502nd Infantry only a few weeks before his reassignment to a medical holding detachment prior to his separation and a letter subject: Reassignment Orders (Medical Evacuees) published by the same major command, evidence indicates this was his last qualifying unit of assignment and major command.  As such, it would be appropriate to correct his DD Form 214 to show this unit and major command in item 12.

5.  The applicant's records show he was authorized the Vietnam Service Medal and that he participated in one campaign while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded one bronze service star to be worn on the Vietnam Service Medal.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this unit award.

7.  In view of the foregoing, the applicant's records should be corrected as shown below.

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.  awarding him the Army Good Conduct Medal for the period 11 January 1967 through 7 November 1968 and the Combat Infantryman Badge;
   b.  amending item 24 of his DD Form 214 by adding the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with one bronze service star, Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   c.  amending item 12 of his DD Form 214 to show Company B, 2nd Battalion 502nd Infantry, 1st Brigade, 101st Airborne Division.
   



      _______ _   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)                                         AR20100014197



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ABCMR Record of Proceedings (cont)                                         AR20100014197



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