IN THE CASE OF:	  

		BOARD DATE:	 3 February 2011 

		DOCKET NUMBER:  AR20100018786 


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) for the period ending 26 March 1969 to show award of:

* Purple Heart
* arrowhead device to be worn on the Vietnam Service Medal
* two bronze service stars to be worn on the Vietnam Service Medal

2.  The applicant also requests award of the:

* Army Good Conduct Medal
* Combat Infantryman Badge

3.  The applicant states the above awards were omitted from his DD Form 214.  He also states he qualified for the Combat Infantryman Badge, but he was no longer assigned to his unit when those badges were issued.  He further states he had "excellent" conduct and efficiency ratings throughout his service.

4.  The applicant provides:

* DD Form 214
* Western Union telegram, dated 17 April 1968
* Purple Heart orders, dated 15 September 1968, with the Purple Heart Certificate
* photograph of the applicant in the jungle
* physical disability orders, dated 19 March 1969
* Honorable Discharge Certificate, dated 29 March 1971
* DA Form 199 (Physical Evaluation Board Proceedings), dated 29 November 1971
* several letters addressed to loved ones and friends
* memorandum from the National Personnel Records Center, dated 8 January 2010

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 6 December 1967 and successfully completed basic and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Special Orders 29, dated 29 January 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders 083, dated 1 April 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  The applicant arrived in Republic of Vietnam (RVN) and was assigned to Company C, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), on 19 May 1968, where he performed duties as a rifleman.

6.  Headquarters, 67th Evacuation Hospital, General Orders 270, dated 15 September 1968, awarded him the Purple Heart for wounds received in combat on 13 September 1968.  He provided a Western Union telegram, dated 17 September 1968, addressed to his mother and father informing them he had been slightly wounded by a hostile booby trap while on combat operations on 13 September 1968 in the RVN.

7.  On or about 30 September 1968, he was assigned to the U.S. Army Hospital, Camp Zama, Japan.  On 26 March 1969, he was honorably retired in the rank of specialist four/E-4 after completing 1 year, 3 months, and 27 days of creditable active service and was placed on the Temporary Disability Retired List on 27 March 1969 with 30-percent disability rating.

8.  His DD Form 214 for the period ending 26 March 1969 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.

9.  There are no orders in his service personnel records awarding him the Combat Infantryman Badge, the Army Good Conduct Medal, or the arrowhead device.

10.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge, the Army Good Conduct Medal, or the arrowhead device.

11.  There is no evidence he received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his service.

12.  Army Regulation 600-8-22 (Military Awards) provides that 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.  The Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the RVN Campaign Medal with Device (1960).

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 following two campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)

16.  Army Regulation 600-8-22 provides for the arrowhead device to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead device is authorized for wear on the Vietnam Service Medal.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 2nd Battalion, 8th Cavalry, it was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation during the period 9 August 1965 through 19 May 1969 based on Department of the Army General Orders (DAGO) 59, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO 42, dated 1972

18.  Department of the Army Pamphlet 672-3 does not show the 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), was awarded assault credit.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was awarded the Purple Heart while assigned Company C, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), while serving as an infantryman (i.e., rifleman).  He provided a Western Union telegram that shows he was wounded by a hostile booby trap while on combat operations on 13 September 1968 in the RVN.  It appears he is therefore eligible for award of the Combat Infantryman Badge.

2.  He was released from active duty in the rank of SP4 with 1 year, 3 months, and 27 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 6 December 1967 through 26 March 1969.  He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

3.  The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be amended to add these badges.

4.  He was assigned to a unit during a period of time the unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  His participation in two campaigns makes him eligible for two bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

5.  He departed the RVN prior to completing 6 months of service due to wounds resulting from hostile action.  Therefore, he is entitled to award of the RVN Campaign Medal with Device (1960) and his DD Form 214 should be amended to add this award.

6.  Department of the Army Pamphlet 672-3 does not show the 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), was awarded assault credit; therefore, there is insufficient evidence to show he is authorized the arrowhead device.


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.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 December 1967 through 26 March 1969;

	b.  awarding him the Combat Infantryman Badge;

	c.  amending item 24 of his DD Form 214 to add:
   
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* 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 Machine Gun Bar 
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two bronze service stars for wear on his already-awarded Vietnam Service Medal


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 arrowhead device.



      ____________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)                                         AR20100018786



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ABCMR Record of Proceedings (cont)                                         AR20100018786



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