IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100021427 


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 the awards of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states he was injured when the truck he was riding in hit a land mine.  He was awarded the Purple Heart but left the Republic of Vietnam before receiving it.  He states he was awarded the medals but they are not listed on his DD Form 214.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 2 December 1969
* Western Union Telegram, dated 13 November 1969, to his parents

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 30 January 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) of 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center (USATC) and Fort Leonard Wood, Fort Leonard Wood, MO, Special Orders Number 75, dated 15 March 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar for the M-14 rifle.

4.  Headquarters, USATC, Infantry and Fort Polk, Fort Polk, LA, issued:

* Special Orders Number 195, dated 1 August 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar for the M-16 rifle
* Special Orders Number 207, dated 15 August 1968, awarding him the First Class Gunner (now known as Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar

5.  He served in the Republic of Vietnam from 1 December 1968 to 27 November 1969.  During this period he served with:

* 1st Battalion, 84th Artillery from 11 December 1968 to 8 February 1969 
* 5th Battalion, 4th Artillery from 9 February 1969 to 18 September 1969 
* A Company, 1st Battalion, 61st Infantry from 19 September 1969 to 
27 November 1969 as a grenadier

6.  Headquarters, 9th Infantry Division General Orders Number 2942, dated 
12 March 1969, awarded him the Army Commendation Medal with "V" device.

7.  Headquarters, XXIV Corps issued:

* General Orders Number 601, dated 6 June 1969, awarding him the Army Commendation Medal
* General Orders Number 2097, dated 22 November 1969, awarding him the Army Commendation Medal

8.  A message released by the Commanding General, U.S. Army Vietnam on 
11 November 1969 reported that on 6 November 1969 the applicant was injured, strain to his right shoulder, while a passenger on an armored personnel carrier on a combat operation when the vehicle detonated a hostile mine.  The message stated the report was delayed because the nature of his wounds could not be determined from his unit or the USS Sanctuary (AH-17) due to communications difficulties.

9.  A Western Union telegram from the Adjutant General, Department of the Army, Washington DC, to his parents notified them he was slightly wounded in action in the Republic of Vietnam on 6 November 1969, a strain to his right shoulder, when the military vehicle in which he was a passenger on a combat operation was hit when a mine detonated.  He was treated and returned to duty.

10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry "Possible fracture to the right shoulder."  The entry is dated 6 November 1969.  

11.  There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) awarding him the Purple Heart or the Combat Infantryman Badge.

12.  On 2 December 1969, he was released from active duty.  He completed 
1 year, 10 months, and 3 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or is authorized:

* the National Defense Service Medal
* the Army Commendation Medal (two awards)
* the Vietnam Service Medal
* the Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

13.  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 awarding the applicant the Purple Heart.

14.  The applicant's name does not appear on the Vietnam casualty roster.

15.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 
22 February 1969)
* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970)

16.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 1st Battalion, 84th Artillery the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation - from January - June 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - from 19 December 1966 - 28 June 1969

17.  DA Pamphlet 672-3 also shows during the period he was assigned to the 
1st Battalion, 61st Infantry the unit was awarded the Valorous Unit Award for the period from 11 - 15 November 1969.

18.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

19.  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.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  

20.  Army Regulation 600-8-22 states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

21.  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 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.

22.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The message released by the Commanding General, U.S. Army Vietnam and the Western Union telegram from the Adjutant General, Department of the Army both report the applicant received an injury to his right shoulder on a combat operation by a hostile mine on 6 November 1969.  Item 40 of his DA Form 20 also shows he received an injury to his right shoulder on 6 November 1969.  Therefore, there is sufficient evidence in this case to award him the Purple Heart for injuries received on 6 November 1969 in the Republic of Vietnam.

2.  The Combat Infantryman Badge is awarded to Soldiers who have an infantry MOS and have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The applicant held the MOS 11B and he was assigned to a line company in an infantry battalion during the period the battalion was awarded the Valorous Unit Award.  The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.  In addition, the evidence shows he was wounded while on a combat operation.  Accordingly, it is reasonable to conclude his unit was engaged with the enemy.  Therefore, there is sufficient evidence to award him the Combat Infantryman Badge.

3.  His DD Form 214 only shows two awards of the Army Commendation Medal. Orders in his MPRJ show he was awarded three Army Commendation Medals, one with the "V" device.  Therefore, his DD Form 214 should show he was awarded three Army Commendation Medals, one with the "V" device.

4.  Based on his service in the Republic of Vietnam the applicant is authorized the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

5.  He participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal.  

6.  Orders in his MPRJ show he was awarded the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar

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 awarding him the:

* Purple Heart for wounds received on 6 November 1969 in the Republic of Vietnam
* Combat Infantryman Badge

2.  The Board also recommends that all Department of the Army Records be corrected by amending item 24 of his DD Form 214 to add the:

* Purple Heart
* Army Commendation Medal (three awards, one with "V" device)
* Valorous Unit Award
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar




      _______ _   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)                                         AR20100021427



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ABCMR Record of Proceedings (cont)                                         AR20100021427



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