IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100022945


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 award of the Purple Heart and the Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.

2.  The applicant states, in effect, he served as an 11B4O during his service in Vietnam and he was engaged by the enemy many times during that service.  He further states he was wounded in his left arm and he still has shrapnel in his left arm.

3.  The applicant provided no additional evidence.

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 4 March 1969 for a period of 2 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 3 August 1969 to 30 July 1970.  While in Vietnam he was assigned to Company C, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division.

4.  On 3 March 1971, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Enlisted Separations - Enlisted Personnel) at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows he completed 2 years of total active service, including 1 year of foreign service in the U.S. Army Pacific (USARPAC), Vietnam.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter (Rifle) [interpreted to mean the Sharpshooter Marksmanship Qualification Badge with Rifle Bar]

6.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

7.  Item 40 (Wounds) of his DA Form 20 is blank, indicating he did not sustain any wounds during his military service.  Additionally, his name does not appear on the Vietnam casualty list, a compilation of all casualties throughout the Vietnam War.

8.  There are no official orders in his available record awarding him the Purple Heart or the Combat Infantryman Badge.

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 orders for the Purple Heart or the Combat infantryman Badge pertaining to the applicant.  However, it did contain General Orders Number 3988, issued by Headquarters, 4th Infantry Division, dated 24 July 1970, that awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service during the period August 1969 to August 1970.

10.  A review of his available record indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  Special Orders Number 088, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, dated 12 April 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Special Orders Number 142, issued by the same headquarters, dated
16 June 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  General Orders Number 2674, issued by Headquarters, 4th Infantry Division, dated 30 April 1970, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 19 October 1969.  The orders cited the following action:

[Applicant] distinguished himself while serving as a Mortar Gunner with Company C, 2nd Battalion, 35th Infantry, 4th Infantry Division.  On
19 October 1969, elements of Company C were conducting a reconnaissance in force operation north of Plei Mang area when engaged by a large enemy force.  Upon initial contact [Applicant] immediately began placing a heavy volume of mortar fire on the enemy from the tube mounted on his armored personnel carrier.  When his ammunition began running low [Applicant] continued to engage the enemy using his M-16 rifle.

14.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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.

15.  Army Regulation 600-8-22 provides that 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 during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the Combat Infantryman Badge.

16.  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.

17. 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, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows his unit was cited for the following awards during his period of assignment:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 by Department of the Army General Order (DAGO) Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show awards of the Purple Heart and the CIB was carefully considered and determined to have partial merit.

2.  With respect to the Purple Heart, the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  Neither his available records nor the Vietnam casualty listing provide any evidence to show he was wounded in Vietnam.  The applicant also did not provide any evidence to support his claim.  Therefore, there is an insufficient basis in which to grant award of the Purple Heart in this case.

4.  The evidence of record shows he held an infantry MOS and was assigned to an infantry company in Vietnam.  General orders awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his
DD Form 214 to show this award.

5.  On 24 July 1970, general orders awarded him a second award of the Army Commendation Medal for meritorious service from August 1968 to August 1970.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal (2nd Award) and with "V" Device.

6.  He served on active duty from 4 March 1969 through 3 March 1971.  He received "excellent" conduct and efficiency ratings throughout his service and he was awarded multiple combat awards.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

7.  He participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

8.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

9.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Army Commendation Medal, Vietnam Service Medal with two bronze service stars, and the Sharpshooter (Rifle);

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
4 March 1969 through 3 March 1971;

	c.  awarding him the Combat Infantryman Badge for actions on 19 October 1969;

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

* Army Commendation Medal (2nd Award) and with "V" Device
* Army Good Conduct Medal (1st 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
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      _____________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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20100022945



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