BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022467 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Purple Heart (PH) (2nd Award), Army Commendation Medal (ARCOM), and Combat Infantryman Badge (CIB) to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  

2.  The applicant states he received the awards in question while serving in the Republic of Vietnam and they were omitted from his DD Form 214.  

3.  The applicant provides PH certificates, dated 4 November 1968 and 19 March 1969, and an ARCOM certificate, dated 5 May 1969, 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’s record shows he was inducted into the Army on 16 November 1967, and he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) after completing advanced individual training (AIT) at Fort Polk, Louisiana on 9 April 1968.  His record shows he was promoted to specialist four (SP4)/E-4 on 15 December 1968, and that this 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 RVN from 14 May 1968 through 11 April 1969.  Item 38 (record of assignments) shows that during his Republic of Vietnam (RVN) tour he was assigned to Company A, 3rd Battalion, 12th Infantry Regiment, performing duties in MOS 11B as a rifleman and automatic rifleman.  Item 38 also shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 40 (Wounds) of the applicant’s DA Form 20 shows he was wounded (twice) in action in the RVN, on 18 March 1967 when he received gunshot wounds to his throat, and on 2 March 1968 when he received gunshot wounds to head.  Item 41 (Awards and Decorations) shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* PH
* RVN Campaign Medal with Device 1960
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains the following orders authorizing the applicant awards the following awards:

* Headquarters, 71st Evacuation Hospital, RVN General Orders (GO) Number 314, dated 4 November 1968, which awarded the applicant the PH for being wounded in action in the RVN on 2 November 1968
* Headquarters, 4th Infantry Division GO Number 1435, dated 1 May 1969, which awarded the applicant the ARCOM for meritorious service in the RVN from May 1968 through May 1969

6.  The applicant’s MPRJ is void of any derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

7.  On 14 November 1969, the applicant was honorably released from active duty, in the rank of SP4/E-4, after completing 1 year, 11 months, and 29 days of active military service.  The DD Form 214 he was issued at the time lists the following awards in item 24:

* NDSM
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
* Marksman Marksmanship Qualification Badge (Rifle M-16) 
* NDSM
* VSM
* PH
* RVNCM with Device 1960

8.  The applicant provides two PH certificates that show he was awarded the PH (twice) for being wounded in action in the RVN on 2 November 1968 and on
18 March 1969, respectively.  

9.  The unit history of the 4th Infantry Division shows that throughout its service in Vietnam, the division, which included the 3rd Battalion, 12th Infantry Regiment, conducted combat operations in the western Central Highlands along the border between Cambodia and Vietnam.  

10.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This search revealed entries pertaining to the applicant that confirm he was wounded in action in the RVN on 2 November 1968 and 18 March 1969, respectively. 

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 and there must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with his award for each campaign a member is credited with participating in while serving in the RVN.  

13.  Chapter 8 of the awards regulation contains guidance on award of combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB. It states, in pertinent part, that there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

14. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (3rd Battalion 12th Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following campaigns:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* TET 69 Counteroffensive (23 February-8 June 1969. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH (2nd Award), ARCOM, and CIB should be added to the awards listed in item 24 of his DD Form 214 has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant was wounded in action in the RVN on 2 November 1968 and 18 March 1969, respectively, as evidenced by entries in item 40 of his DA Form 20 and on the Vietnam Casualty Roster, which corroborate the information contained on the PH certificates provided by the applicant.  Therefore, it would be appropriate to correct item 24 of his DD Form 214 to reflect two awards of the PH.  

3.  The applicant’s record also contains orders issued by the 4th Infantry Division on 1 May 1969, which awarded the applicant the ARCOM for meritorious service in the RVN during the period May 1968 to May 1969.  As a result, this award should also be added to his record and DD Form 214.

4.  The evidence of record further shows the applicant held and served in an infantry MOS, in a qualifying infantry unit while serving in the RVN.  Although there is no specific evidence confirming his personal participation with his qualifying infantry unit while it was engaged in active ground combat with enemy forces in the RVN, the record is also void of any indication that he was assigned or performed staff or special duties other that traditional infantry duties during his RVN tour.  

5.  Given the 4th Infantry Division unit history of combat participation in the RVN, and the fact the applicant was twice wounded in action while serving in the RVN, it is reasonable to err on the side of the applicant and to presume his participation as an infantryman in active ground combat during his RVN tour.  As a result, it would be appropriate and serve the interest of justice and equity to award him the CIB and to add this award to his record and DD Form 214 at this time. 

6.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Further, the record confirms he completed over 1 year of qualifying honorable active duty service and received “excellent” conduct and efficiency ratings at all of his active duty assignments.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 16 November 1967 through 14 November 1969 and to add this award to his record and DD Form 214.  

7.  The evidence of record also shows that based on his service and campaign participation in the RVN, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his VSM.  Therefore, these awards should also be added to his record and DD Form 214.  

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 AGCM for the period 16 November 1967 through         14 November 1969 and the CIB; 

   b.  amending item 24 of his DD Form 214 by deleting the current PH entry and the Vietnam Service Medal entry; and

   c.  adding the PH (2nd Award), ARCOM, AGCM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal with 4 bronze service stars, and the CIB. 




      _______ _  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)                                         AR20100022467



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022467



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1