IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100015592 


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 two additional awards of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states he fought as an infantryman with the 23rd Infantry Division in Vietnam from 6 October 1968 to 5 October 1969.  He was awarded the Purple Heart for a wound he received on 12 May 1969.  However, he did not receive his second and third awards of the Purple Heart for wounds sustained on 18 and 19 May 1969.  

3.  The applicant provides:

* DD Form 214
* DD Form 1380 (Field Medical Card), dated 12 May 1969
* Certificate of Treatment, dated 20 May 1969
* Chronological Record of Medical Care
* Certificate of Treatment, dated 23 July 1969
* DD Form 1380, dated 19 May 1969

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 show he was inducted into the Army of the United States on 18 April 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His records show he served in the Republic of Vietnam from 6 October 1968 to 5 October 1969.  He was assigned to Company A, 1st Battalion, 46th Infantry.

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 17 April 1970 and he was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.

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 with 3 bronze service stars, Republic of Vietnam Campaign Medal, Purple Heart, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and 1st Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60).

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered a fragment wound to his left thigh on 6 December 1968.  

7.  His records contain a Western Union Telegram, dated 7 December 1968, informing his parents that he was wounded in Vietnam on 6 December 1968 as a result of hostile action when he received a fragment wound to the left thigh by a hostile force while on a combat operation.  However, there are no official orders awarding him the Purple Heart for this wound. 

8.  His records also show he was wounded a second and a third time on 12 May 1969 and on 18 May 1969 respectively.  Accordingly, Headquarters, Americal Division published the following orders:

* General Orders Number 4026, dated 23 May 1969, awarding him the Purple Heart for wounds received in action on 18 May 1969
* General Orders Number 6756, dated 20 July 1969, awarding him the Purple Heart (1st Oak Leaf Cluster) for wounds received in action on 12 May 1969

9.  He submitted the following documents:

* DD Form 1380, dated 12 May 1969, documenting a shrapnel wound to his leg and right shoulder
* DD Form 1380, dated 19 May 1969, documenting a fragment wound to the right thigh and left ankle
* Certificate of Treatment, dated 20 May 1969, certifying his medical treatment at a forward aid station on 12 May 1969
* Certificate of Treatment, dated 23 July 1969, certifying his medical treatment on 19 May 1969
* Chronological record of medical care, dated 18 May 1969, documenting his shrapnel wound to the right knee

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	b.  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 (USARV) Regulation 672-1 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.

11.  A review of the applicant's records indicates his entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Headquarters, Americal Division, General Orders Number 9458, dated 17 September 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in Vietnam.

13.  Headquarters, U.S. Army Training Center, Fort Polk, LA, Special Orders Number 143, dated 5 June 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

14.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during most of his military service.  He received an "unknown" rating while attending advanced individual training. 

15.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  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 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

16.  Headquarters, Department of the Army General Orders (DAGO) Number 43, dated 1972, awarded the 1st Battalion, 46th Infantry the Valorous Unit Award for service from 11 to 31 August 1969, and DAGO Number 42, dated 1972, awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 24 August to 31 December 1969.

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in four campaigns during his tour of duty in the Republic of Vietnam as follows:  the Vietnam Counteroffensive, Phase V (1 July to 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969); TET 69 Counteroffensive, 1969 (23 February to 8 June 1969); and Vietnam Summer - Fall 1969 (9 June to 31 October 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show two additional awards of the Purple Heart and the Combat Infantryman Badge.

2.  With respect to the Purple Heart: 

	a.  The evidence of record shows the applicant was wounded in action on 6 December 1968 as evidenced by the entry on his DA Form 20 and the Western Union Telegram.  It appears he was awarded the Purple Heart but his records do not contain official orders.  

	b.  He was wounded two more times on 12 and 18 May 1969 and he was issued official orders awarding him the Purple Heart (1st Oak Leaf Cluster) for these two injuries. 

	c.  He was also wounded on 19 May 1969 when he sustained a fragment injury to his right thigh and left ankle.  He was treated in the field and released to his unit. 

	d.  Therefore, he is entitled to the issuance of a third order awarding him the Purple Heart (2nd Oak Leaf Cluster) for his 6 December 1968 injury, a fourth order awarding him the Purple Heart (3rd Oak Leaf Cluster) for his 19 May 1969 injury, and correction of his records to show four awards of the Purple Heart.  

3.  With respect to the Combat Infantryman Badge, the evidence of record shows he held an infantry MOS and was assigned to an infantry company in Vietnam.  The Western Union Telegram clearly shows he was injured during combat operations in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show it.

4.  General orders awarded him the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence of record confirms he served honorably during the period 18 April 1968 through 17 April 1970.  He served in Vietnam, was awarded multiple combat awards, attained the rank/grade of SGT/E-5, and he received "excellent" conduct and efficiency ratings throughout most of his military service. The applicant's file contains no information that would have disqualified him for the Army Good Conduct Medal, therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his DD Form 214 to show this award.

7.  General orders awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit; therefore, he is entitled to correction of his records to show these unit awards.

8.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in four, not three, campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 Purple Heart (2nd Oak Leaf Cluster) for wounds received in action on 6 December 1968 in Vietnam;

	b.  awarding him the Purple Heart (3rd Oak Leaf Cluster) for wounds received in action on 19 May 1969 in Vietnam;

	c.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 April 1968 through 17 April 1970;

	d.  awarding him the Combat Infantryman Badge;

	e.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars and the Purple Heart; and

	f.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Purple Heart (3rd Oak Leaf Cluster), Bronze Star Medal, Combat Infantryman Badge, Vietnam Service Medal with four bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).



      _______ _   __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)                                         AR20100015592



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100015592



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1