BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100020720 


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 the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

2.  The applicant states:

	a.  he was awarded the PH and the CIB; and

	b.  he has the PH order but cannot find his CIB order that was in his duffle bag when he was evacuated from Vietnam.

3.  The applicant provides a copy of his:

* DD Form 214
* PH order

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's record shows he was inducted into the Army of the United States on 17 February 1970.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  Specialist four (SP4) is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 16 July to 19 September 1970 while assigned to Company D, 3rd Battalion, 1st Infantry Regiment as a “rifleman.”

4.  Item 40 (Wounds) of his DA Form 20 confirms he sustained fragment wounds to his left arm and right leg on 15 September 1970.  Item 38 (Record of Assignment) shows he was a patient assigned to the 249th General Hospital [Camp Drake, Japan] on 19 September 1970 until he was reassigned on
2 October 1970 to the Medical Holding Company at Fort Leonard Wood, MO as a patient.

5.  Item 38 of the DA Form 20 also shows the applicant received no less than “excellent” conduct and efficiency ratings at each of his active duty assignments. His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal (AGCM).

6.  The applicant's OMPF is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

7.  On 18 October 1971, the applicant was honorably released from active duty.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars

8.  The applicant provides a copy of Headquarters, 918th Evacuation Hospital, General Order Number 207, dated 16 September 1970 that awarded him the PH for wounds he received in action in Vietnam on 15 September 1970.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Appendix B shows that during the applicant’s service in Vietnam, he participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971) campaign.

11.  Army Regulation 600-8-22 states the Republic of Vietnam 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 and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  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, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Chapter 8 of the awards regulation contains guidance on award of combat badges.  It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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 regulation stipulates that combat service alone is not sufficient to support award of the CIB. 

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action in Vietnam on 15 September 1970.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record confirms that having been assigned to the RVN, the applicant performed the duties of a rifleman in his infantry MOS with his infantry unit and he was wounded in action that resulted in award of the Purple Heart.  As a result, it appears he met the regulatory criteria necessary for entitlement to the Combat Infantryman Badge which he claims he received.  Therefore, it would be appropriate to correct his DD Form 214 to show the Combat Infantryman Badge.

3.  The applicant's DA Form 20 confirms the applicant received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, he should be awarded the AGCM and his DD Form 214 should be corrected to show this award.

4.  The record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation and one bronze service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected accordingly.

5.  The applicant served a qualifying period of service in Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.


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
17 February 1970 through 18 October 1971; and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20100020720



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ABCMR Record of Proceedings (cont)                                         AR20100020720



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