IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100019084 


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, Combat Infantryman Badge, and any additional awards or decorations to which he is entitled.

2.  He states he was awarded the Combat Infantryman Badge and the Purple Heart in recognition of his combat service and sustaining wounds as a result of a hostile action while serving in the Republic of Vietnam on 30 June 1968.  He adds that he is currently rated as 90 percent (%) disabled by the Department of Veterans Affairs.

3.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 8 August 1967.  Upon completion of initial entry training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was the rank/grade of specialist four (SP4)/E-4.

3.  His record contains Special Orders Number 264, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 21 September 1967, which shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 19 September 1967.

4.  His record contains Special Orders Number 189, issued by Headquarters, U.S. Army Vietnam, dated 7 July 1968, which shows he was medically evacuated and reassigned to the Medical Hold Detachment of the U.S. Army Hospital located at Camp Oji [Japan].  The 1st endorsement to these orders, dated
23 July 1968, show he was dropped from the unit strength of Company C,
4th Battalion, 3rd Infantry Regiment on 30 June 1968.

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 7 April 1968 through 19 July 1968.

6.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he served in MOS 11B as a rifleman with Company C, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade, from 26 April through 4 July 1968.  On 5 July 1968, he was medically evacuated and placed into a patient status en route to Camp Oji.  On 22 July 1968, he was reassigned in a patient status to the Medical Holding Company, Valley Forge General Hospital, Phoenixville, PA.  On 30 October 1968, he departed en route to Fort Meade for his follow-on assignment as a rifleman.  Item 38 also shows he received "excellent" conduct and efficiency ratings for each of his duty assignments except for an "unknown" conduct and efficiency rating while in a patient status at the Valley Forge General Hospital.

7.  His record contains a Standard Form (SF) 88 (Report of Medical Examination) rendered on 28 April 1969 during his separation physical medical examination.  The Clinical Evaluation portion of this form shows the examining physician noted he had "Massive scarring both lower extremities (R) & (L) with considerable loss 

of muscle mass (R) and adherence of scars to deeper tissues."  Item 74 (Summary of Defects and Diagnoses) shows the examining physician noted he had multiple fragmentation wounds to his right forearm and both lower extremities.

8.  He was honorably released from active duty on 10 May 1969 by reason of seasonal employment and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time of his release from active duty shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  There are no indications in the applicant's service personnel records which show that he was awarded or recommended for award of the Purple Heart or the Combat Infantryman Badge.

11.  His name appears on the Republic of Vietnam casualty roster for wounds sustained on 30 June 1968.  He is listed under Casualty Status code 23, which indicates he was "hostile wounded in action - not serious - hospitalized."

12.  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 orders for the Purple Heart or the Combat Infantryman Badge pertaining to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official records.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

16.  Army Regulation 600-8-22, 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 following two campaigns:

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

17.  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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his military records should be corrected to show award of the Purple Heart, Combat Infantryman Badge, and any additional awards or decorations to which he is entitled were carefully considered and determined to have merit.

2.  Although his record is void of the specific cause of his injuries, his name appears on the Republic of Vietnam casualty roster and evidence contained in his service records clearly shows he sustained multiple fragment wounds to his right wrist and both lower extremities.  These injuries required medical treatment and were made a part of his permanent record.  Therefore, he is entitled to correction to his DD Form 214 to show award of the Purple Heart.

3.  Evidence of record shows he was serving in an infantry MOS while assigned to an infantry unit of brigade, regimental, or smaller size while serving in the Republic of Vietnam.  He was also wounded as a result of hostile action as indicated on the Vietnam casualty roster.  Therefore, there is sufficient evidence upon which to correct his DD Form 214 to show award of the Combat Infantryman Badge.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  Evidence shows he received “excellent” conduct and efficiency ratings through his service, with the exception of a period of "unknown" rating while in a patient status, which is not disqualifying.  There is also no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

6.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973 was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant served in Vietnam during the cited period.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.

7.  Records show he participated in two campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 August 1967 through 10 May 1969;

	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20100019084



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ABCMR Record of Proceedings (cont)                                         AR20100019084



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