IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021050 


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) for the period ending 22 April 1971 to show award of the Purple Heart and the Combat Infantryman Badge (CIB).

2.  He states, in effect, that he was wounded in action on 24 February 1971 and awarded the Purple Heart.  However, the Purple Heart award was omitted from his DD Form 214.  In addition, he served as a combat infantryman and the CIB should be added to his DD Form 214.

3.  He provides:

* a DD Form 214
* a DA Form 20 (Enlisted Qualification Record)
* a FRIAR Casualty Status printout
* a Patient Disposition Form
* he stated that a Purple Heart certificate was provided but it is not available

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 16 April 1969 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 

3.  He arrived in the Republic of Vietnam (RVN) and was assigned to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 502nd Infantry, 101st Airborne Division on 21 August 1970 where he performed duties as a rifleman.  He was reassigned to C Company, 1st Battalion (Airmobile), 502nd Infantry, 101st Airborne Division on or about 18 September 1970 where he performed duties as a rifleman.

4.  He provided a printout of a FRIAR Casualty Status that shows on 23 February 1971, he was treated at the 85th Evacuation Hospital for fragments wounds he received to both legs.  "EM STEPPED ON HOSTILE BOBBY TRAP (B40 ROCKET) WHILE ON A COMBAT OPERATION." 

5.  He departed the RVN on 23 March 1971.  On 25 March 1971, he was assigned to Medical Holding Company, U.S. Army, Medical Department Activity (MEDDAC), Fort Ord, CA.

6.  On 22 April 1971, he was honorably released from active duty in the rank of specialist four/E-4 after completing 2 years and 7 days of creditable active service with no lost time.

7.  His DD Form 214 with the period ending 22 April 1971 shows he was awarded:

* Bronze Star Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge


8.  There are no orders in his service personnel records awarding him the Purple Heart or the CIB.

9.  Item 40 (Wounds) of his DA Form 20 is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or the CIB.

10.  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 or the CIB pertaining to him.

11.  His name appears on the Vietnam Casualty Roster and shows he was wounded on 23 February 1971 and treated as a result of hostile action in Vietnam.

12.  There is no evidence he received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 
20 shows his conduct and efficiency ratings as "excellent" throughout his service.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons 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.  

15.  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 he participated in the Vietnamese Counteroffensive Phase VII
(1 July 1970 - 30 June 1971).

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of his assignment to the 1st Battalion, 502nd Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 through 
9 October 1971 by Department of the Army General Orders 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.  However, the Vietnam Casualty Roster and the FRIAR Casualty Status printout he provided show he was wounded in combat by hostile forces on 23 February 1971 and treated for his wounds. 

2.  Based on all of the foregoing, it is clear that he was wounded as a result of hostile action and was treated for the wounds.  Therefore, the award of the Purple Heart should be added to his DD Form 214 for wounds sustained as a result of hostile action on 23 February 1971.

3.  Records show he was wounded as a result of hostile action on a combat operation while assigned to C Company, 1st Battalion, 502nd Infantry while serving as an infantryman in an infantry MOS position.  Therefore, it appears he met the eligibility criteria for award of the CIB.  Therefore, his DD Form 
214 should be amended to add the CIB.

4.  He was released from active duty in the rank of SP4 with 2 years and 7 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 16 April 1969 through 22 April 1971.  He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

5.  He was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  His participation in one campaign makes him eligible for one bronze service star to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
16 April 1969 through 22 April 1971; and 

	b.  amending item 24 of his DD Form 214 to add:
   
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one bronze service star to be worn on his already-awarded Vietnam Service Medal




      _______ _   __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)                                         AR20100021050





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ABCMR Record of Proceedings (cont)                                         AR20100021050



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