IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100019078 


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.

2.  The applicant states he was wounded in action on 10 June 1969 while serving with Company B, 2nd Battalion, 35th Infantry, in the Republic of Vietnam (RVN); however, the Purple Heart is not recorded on his DD Form 214.  He adds he has his Purple Heart medal, but he could not locate the telegram that notified his parents he had been wounded in action.

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 into the Army of the United States on 5 December 1967.  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 U.S. Army Pacific in Vietnam;

	b.  item 38 (Record of Assignments) he was assigned to Company B, 2nd Battalion, 35th Infantry, 4th Infantry Division, in duty MOS 11B4O as a squad leader from 12 March 1969 through 27 August 1969;

	c.  item 39 (Campaigns) is blank;

	d.  item 40 (Wounds) he sustained a fragment wound to his right foot on
10 June 1969; and

	e.  item 41 (Awards and Decorations) he was authorized the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, two overseas service bars, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  U.S. Army Vietnam casualty message, date-time-group 130122Z June 1969, shows the applicant sustained a fragment wound to his right foot at 1535 hours on 10 June 1969 while on a search and clear mission and engaged with hostile forces in a firefight at Kontum in the RVN.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 29 August 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 year, 8 months, and 25 days of net active service and 5 months and 17 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar(M-14), Vietnam Service Medal, two overseas service bars, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  A review of the Vietnam casualty roster shows the applicant's name is listed as a casualty on 10 June 1969 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized."

7.  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 award orders pertaining to the applicant.

8.  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.

9.  There are no orders in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge.

10.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any 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.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's tour of duty in Vietnam participation credit was awarded for the following campaigns:

* Tet 69 Counteroffensive 1969 (23 February 1969- 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

11.  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 B, 2nd Battalion, 35th Infantry, the battalion was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 3, dated 1970, as amended by DAGO Number 38, dated 1970.  It also shows the battalion was awarded the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970.

12.  Army Regulation 600-8-22 provides the policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  In order to support awarding a service member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record at the time.

	b.  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 during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart he received for being wounded in action on 10 June 1969 in the RVN.

2.  The evidence of record shows the applicant was wounded in action in the RVN on 10 June 1969.  Therefore, it would be appropriate to correct his records to show award of the Purple Heart.

3.  The evidence of record shows that the applicant held an infantry MOS, he satisfactorily performed infantry duties, he was assigned to an infantry unit in the RVN during such time as the unit was engaged in active ground combat, and he actively participated in such ground combat under hostile fire (i.e., the applicant was wounded in action during a firefight with the enemy).  Thus, the applicant met the requirements for award of the Combat Infantryman Badge.  Therefore, the evidence is sufficient to justify award of the Combat Infantryman Badge.

4.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam.  Thus, he is entitled to two bronze service stars for wear on 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.  Thus, he is entitled to correction of his records to show these two foreign unit awards.

6.  In view of the foregoing, it would be appropriate to correct the applicant's records to show all of his authorized awards and decorations as recommended below.

BOARD VOTE:

___X____  ___X____  ____X___  _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant the Combat Infantryman Badge for satisfactory performance of duty against an active hostile ground force in the RVN while assigned to Company B, 2nd Battalion, 35th Infantry, during the period 12 March 1969 to 10 June 1969;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, RVN Gallantry Cross with Palm Unit 


Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and Combat Infantryman Badge.



      _______ _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)                                         AR20100019078



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ABCMR Record of Proceedings (cont)                                         AR20100019078



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