IN THE CASE OF:	  

		BOARD DATE:	    25 January 2011

		DOCKET NUMBER:  AR20100018168 


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.

2.  The applicant states he was wounded in action in Vietnam and, while he was in the hospital recovering from his gunshot wound, a colonel pinned a Purple Heart and Combat Infantryman Badge on his pillow.  He adds he would like the awards added to his DD Form 214.

3.  The applicant provides copies of his Purple Heart certificate and award orders for the Purple Heart for wounds received in action in the Republic of Vietnam on 10 August 1969.  The award certificate shows "Purple Heart (First Oak Leaf Cluster)" and the award orders show "Purple Heart."

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 on 3 February 1969.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service) he served in the Republic of Vietnam from
29 June through 27 August 1969;

	b.  item 38 (Record of Assignments) he was assigned to:

		(1)  Company D, 1st Battalion (Airmobile), 327th Infantry, from 15 July through 24 August 1969 as a rifleman in duty MOS 11B;

		(2)  the 249th General Hospital as a patient from 25 to 26 August 1969;

		(3)  the Medical Holding Company, Valley Forge General Hospital, Phoenixville, PA, as a patient from 29 August through 23 October 1969;

	c.  item 39 (Campaigns) that he served in Vietnam during the Vietnam Summer-Fall 1969 campaign;

	d.  item 40 (Wounds) he sustained a gunshot wound to the right side of his chest on 10 August 1969; and

   e.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

4.  Headquarters, Valley Forge General Hospital, Phoenixville, PA General Orders Number 64, dated 17 November 1969, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 10 August 1969.


5.  A review of The Adjutant General’s Office, Casualty Division’s Vietnam casualty roster shows the applicant’s name is listed once as a casualty on
10 August 1969 under casualty status code “23.”  This casualty code refers to “hostile wounded in action, not serious, hospitalized.”

6.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 2 February 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.

	a.  At the time he had completed 2 years of net active service and 1 month and 29 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

8.  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 any individual award orders pertaining to the applicant.

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

10.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 87, dated 28 March 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar and the Expert Marksmanship Qualification Badge with Grenade and Rifle (M-16) Bars.

11.  Army Regulation 600-8-22 (Military Awards), 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 Vietnam Summer-Fall 1969 (9 June - 31 October 1969) campaign.


12.  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.

   a.  This pamphlet shows that at the time of the applicant's assignment to Company D, 1st Battalion (Airmobile), 327th Infantry, the battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 - 2 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971; and

   b.  Paragraph 6d states that DAGO Number 8 (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 to
28 March 1973.

13.  There is no evidence the applicant was awarded the Army Good Conduct Medal.

   a.  There is no adverse information in the applicant's military service records;

   b.  He received "excellent" conduct and efficiency ratings throughout his active duty service;

   c.  A DA Form 137 (Installation Clearance Record), dated 19 January 1971, shows the applicant's commanding officer rated the applicant's conduct and efficiency as "excellent."  The commander also recommended the applicant for award of the Army Good Conduct Medal; and

   d.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Army Good Conduct Medal.

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 qualifying 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 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.  During the Vietnam Conflict, announcement of award of the Combat Infantryman Badge was made in unit special orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Purple Heart and the Combat Infantryman Badge because he was wounded in action in Vietnam and both decorations were pinned on his pillow by a colonel while he was in the hospital recovering from his wound.

2.  General orders awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 10 August 1969.  Despite the fact that the applicant's award certificate indicates "Purple Heart (First Oak Leaf Cluster)," there is no evidence or record that shows he was wounded in action on two separate occasions.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show award of the Purple Heart.

3.  The applicant's claim to the Combat Infantryman Badge was carefully considered.

   a.  The evidence of record shows the applicant was an infantryman, he satisfactorily performed infantry duties, and he was assigned to an infantry unit.

   b.  The evidence of record also shows the applicant was wounded in action in connection with military operations against a hostile force in the Republic of Vietnam on 10 August 1969 and he was awarded the Purple Heart.

   c.  Thus, it is concluded the applicant's unit was engaged in active ground combat at the time and the applicant was actively participating in such ground combat.
   
   d.  The evidence of record shows the applicant was evacuated from Vietnam and the hospital commander having authority to award the Purple Heart issued orders announcing award of the Purple Heart to the applicant.


   e.  It is reasonable to conclude that based on the applicant's medical evacuation from the theater of operations and, in particular, the fact that he did not return to his company, officials of his former unit simply failed in the administrative process to issue orders awarding the applicant the Combat Infantryman Badge.

   f.  Therefore, in view of the foregoing, it would be appropriate to award the Combat Infantryman Badge to the applicant and to correct his DD Form 214 to show this award.

4.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.

* He received "excellent" conduct and efficiency ratings
* There is no record of any disqualifying information
* He was recommended by his commander for award of the Army Good Conduct Medal

5.  Based on the available evidence, the applicant should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

6.  The evidence of record shows:

   a.  The applicant qualified for award of the Vietnam Service Medal and he served in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service star.

   b.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

   c.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  Therefore, his DD Form 214 should be corrected to these weapons qualification badges.


BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 Combat Infantryman Badge for satisfactory performance of duty against an active hostile ground force in the Republic of Vietnam while assigned to Company D, 1st Battalion (Airmobile), 327th Infantry, during the period 15 July to 10 August 1969;

	c.  awarding him the Army Good Conduct Medal (1st award) for exemplary conduct, efficiency, and fidelity from 3 February 1969 through 2 February 1971; and

   d.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.



      __________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)                                         AR20100018168



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ABCMR Record of Proceedings (cont)                                         AR20100018168



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