IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020115 


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 separation document to show the Purple Heart, Army Commendation Medal with "V" Device, and Combat Action Badge (CAB).  (Contact with the applicant via email confirmed he mistakenly requested the CAB and actually requests the Combat Infantryman Badge.)

2.  The applicant states he served in military occupational specialty (MOS) 11B2O as an infantryman with Company D, 58th Infantry, 93rd Military Police (MP) Battalion, 16th MP [Group] Brigade in the Republic of Vietnam, but he never received the Combat Infantryman Badge.  He adds he was awarded the Purple Heart and Army Commendation Medal with "V" Device, but they are not recorded on his separation document.

3.  The applicant provides copies of a DD Form 481-3 (Clinical Consultation Sheet), award orders, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 and entered active duty in the U.S. Army on
20 June 1967.  Upon completion of training he was awarded 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 Vietnam from 25 July 1968 through 10 March 1969;

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

(1) Company C, 1st Battalion, 61st Infantry, from 27 July through
10 December 1968 and

       (2)  Company D, 58th Infantry, 93rd MP Battalion, from 11 December 1968 through 9 March 1969;

	c.  item 39 (Campaigns) is blank;

   d.  item 40 (Wounds) is blank; and

	e.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, one Overseas Service Bar, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), Special Orders Number 75, dated 15 September 1968, awarded the applicant the Combat Infantryman Badge.

5.  Headquarters, U.S. Army Vietnam, General Orders Number 1406, dated
22 April 1969, awarded the applicant the Army Commendation Medal with "V" Device for heroism against a hostile force in the Republic of Vietnam on
23 February 1969.

6.  A DD Form 214 shows the applicant was honorably released from active duty on 25 March 1969 and transferred to the U.S Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
   a.  He completed 1 year, 9 months, and 6 days of net active service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  There are no orders in the applicant's military personnel records which show he was awarded the Purple Heart.

8.  A review of the Vietnam Casualty Roster shows the applicant's name is listed as a casualty on 23 February 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  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 additional individual awards or decorations to the applicant.

10.  In support of his application, the applicant provides a copy of a Clinical Consultation Sheet that shows the applicant sustained a laceration and fragment wound to his right hand at approximately 0330 hours, 23 February 1969, while under attack at Qui Nhon, Republic of Vietnam.  It also shows the applicant was awarded the Purple Heart per Headquarters, 67th Evacuation Hospital (Surgical Mobile), General Orders Number 37, dated 23 February 1969.

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

12.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 192, dated 9 August 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

13.  Headquarters, Fort Polk, LS, Special Orders Number 263, dated 10 October 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar.

14.  Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, CO:

   a.  Special Orders Number 107, dated 16 April 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar;
   b.  Special Orders Number 111, Paragraph 36, dated 20 April 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with
(.45 caliber) Pistol Bar; and

   c.  Special Orders Number 111, Paragraph 41, dated 20 April 1968, awarded the applicant the Expert Marksmanship Qualification Badge with (M79) Grenade Launcher Bar.

15.  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 it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI  (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969  (23 February - 8 June 1969)

16.  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 C, 1st Battalion, 61st Infantry, the company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 43 (1970).

17.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.

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

   b.  Item 38 of his DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his entire period of active duty service.

   c.  There is no evidence the applicant's company commander denied him award of the Army Good Conduct Medal.

18.  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.

19.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded for a wound sustained 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Purple Heart, Army Commendation Medal with "V" Device, and Combat Infantryman Badge because he was wounded in action, he received the Army Commendation Medal for heroism, and served in combat as an infantryman in the Republic of Vietnam.

2.  The evidence of record shows:

   a.  the applicant was wounded in action in Vietnam on 23 February 1969 and general orders awarded him the Purple Heart;

   b.  general orders awarded the applicant the Army Commendation Medal with "V" Device for heroism;

   c.  special orders awarded the applicant the Combat Infantryman Badge;

   d.  the applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam, entitling him to three bronze service star for wear on his already-awarded Vietnam Service Medal;

   e.  general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   f.  special orders awarded the applicant the Expert Marksmanship Qualification Badge with (M79) Grenade Launcher Bar and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle, (M-16) Rifle, (M-60) Machinegun, and (.45 caliber) Pistol Bars.

3.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  He received conduct and efficiency ratings of "excellent" and there is no record of any disqualifying information.  Based on the available evidence, it would be appropriate to approve award of the Army Good Conduct Medal to the applicant.

4.  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 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" and "Marksman (Rifle)" and


	b.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal with "V" Device, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with (M79) Grenade Launcher Bar, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle, (M-16) Rifle, (M-60) Machinegun, and (.45 caliber) Pistol Bars.




      _______ _   _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)                                         AR20100020115



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ABCMR Record of Proceedings (cont)                                         AR20100020115



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