IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100019704 


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, in effect, his DD Form 214 (Report of Transfer or Discharge) be corrected to show the Bronze Star Medal with "V" Device instead of the Bronze Star Medal.  He also requests award of the Purple Heart and Combat Action Ribbon. 

2.  The applicant states:

* He received the Bronze Star Medal for valor in combat
* He was wounded and evacuated and did not receive the Purple Heart
* He did not receive the Combat Action Ribbon
* He was an infantryman until he was wounded and evacuated to Japan
* After his recovery the Army changed his job to medical records specialist 

3.  The applicant provides no 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 
14 December 1966.  He was awarded military occupation specialty (MOS) 11B (light weapons infantryman).  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11B assigned to Company C, 2nd Battalion, 
27th Infantry in Vietnam from 23 May 1967 to 17 August 1967.  Primary MOS 11B was withdrawn on 11 September 1967 and he was awarded primary MOS 71G (medical records specialist) on 29 March 1968.  On 6 December 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 

3.  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, Bronze Star Medal, and Republic of Vietnam Campaign Medal with Device (1960) as authorized awards. 

4.  Headquarters, 25th Infantry Division General Orders Number 4093, dated 
22 October 1967, show the applicant received the Bronze Star Medal with "V" Device for heroism on 1 July 1967 in Vietnam.  The citation states, in pertinent part, "For heroism in connection with military operations against a hostile force," "was serving as a machine gun ammo bearer with Company C, 2d Battalion, 
27th Infantry," and "When the assistant gunner was seriously wounded Private [applicant's last name] although also wounded, manned the gun himself, placing effective fire on the enemy, thus enabling other assault groups of his element to rout the enemy and successfully complete their mission."   

5.  There are no orders for the Purple Heart or Combat Infantryman Badge in the available records.

6.  Item 40 (Wounds) of his DA Form 20 shows he was wounded on 1 July 1967 and sustained fragment wounds to his right side and neck.

7.  The Vietnam Casualty Roster shows he was wounded on 1 July 1967.  

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9.  Records show he participated in two campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

11.  Army Regulation 600-8-22 (Military Awards) states 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.

12.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.  An individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

13.  Army Regulation 600-8-22 states 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.  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.

14.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows the Bronze Star Medal as an authorized award but orders show he received the Bronze Star Medal with "V" Device.  His DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device.

2.  The applicant's citation for award of the Bronze Star Medal with "V" Device for heroism on 1 July 1967 in Vietnam which states he was wounded during the military operation and the entry on the Vietnam Casualty Roster are accepted as sufficient evidence on which to base award of the Purple Heart in this case.

3.  The Combat Action Ribbon is a Department of the Navy award; therefore, this Board does not have authority to award the Combat Action Ribbon.

4.  Evidence shows he held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  In addition, he was wounded in action.  There is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

5.  He participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

6.  His unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  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 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 Purple Heart for wounds received in action on 1 July 1967 in Vietnam;

	b.  awarding him the Combat Infantryman Badge; 

	c.  deleting the entry "BRONZE STAR MEDAL" from item 24 of his DD Form 214; and	
	
	d.  adding the Bronze Star Medal with "V" Device, Purple Heart, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of his DD Form 214. 

2.  The Board further determined that 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 award of the Combat Action Ribbon.  




      _______ _   __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)                                         AR20100019704





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ABCMR Record of Proceedings (cont)                                         AR20100019704



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