IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100025528 


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 his three Purple Hearts and a Combat Infantryman Badge.

2.  The applicant states he was awarded three Purple Hearts but he can only find orders for two awards.  He also states he earned the Combat Infantryman Badge. 

3.  The applicant provides General Orders Number 4820, dated 18 August 1968; General Orders Number 8444, dated 28 October 1968; and his DD Form 214.

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 enlisted in the Regular Army on 14 July 1967. He was awarded military occupational specialty 11B (light weapons infantryman).  He was promoted to the rank/grade of staff sergeant (SSG)/E-6, effective 26 December 1969, which is the highest rank he attained.

3.  He arrived to Vietnam on 11 January 1968.  While in Vietnam he was assigned to various units as a rifleman, automatic rifleman, and a squad leader:

* Company A, 1st Battalion, 327th Infantry from 22 January through 13 October 1968
* Company D, 87th Infantry from 14 October 1968 through 29 September 1969
* Headquarters and Headquarters Detachment, 95th Military Police Battalion from 30 September through 19 October 1969
* Company C, 54th Infantry, 93d Military Police Battalion from 20 October 1969 to 13 February 1970

4.  He was honorably released from active duty on 14 February 1970 as an overseas returnee in the rank/grade of SSG/E-6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* four overseas service bars
* Parachutist Badge

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his service
* item 40 (Wounds) the entry "FRAG WOUND RIGHT SIDE, 25 JUL 68" indicating he received a fragment wound to his right side on 25 July 1968
* item 41 (Awards and Decorations) the same awards as listed on his
DD Form 214 

6.  General Orders Number 8444 provided by the applicant show he was awarded the Purple Heart for wounds received in action on 2 June 1968.  He was awarded a second Purple Heart for wounds received in action on 25 July 1968 by General Orders Number 4820.

7.  The applicant's official military personnel file (OMPF) does not contain orders for the Purple Heart or the Combat Infantryman Badge.  His OMPF also does not contain any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

8.  The Vietnam casualty listing only shows the applicant as being wounded on 25 July 1968.

9.  Army Regulation 600-8-22 (Military Awards), 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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* 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, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

10.  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.

11.  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 the units to which the applicant was assigned was cited for the award(s) as indicated:

	a.  Company A, 1st Battalion, 327th Infantry:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970
* 
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

	b.  Company D, 87th Infantry the Meritorious Unit Commendation for the period 1 January through 31 December 1968 by DAGO Number 39, dated 1970

	c.  Headquarters and Headquarters Detachment, 95th Military Police Battalion the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
29 September 1966 through 28 March 1973 by DAGO Number 6, dated 1974

12.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 USARV 672-1 provides 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart for being wounded in action on 2 June 1968 and 25 July 1968.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Unfortunately, there are no orders or other evidence to verify the applicant received a Purple Heart for a third incident which he claims.  Without evidence to show he was wounded a third time there is an insufficient basis in which to award him a third Purple Heart.

3.  The applicant received "excellent" conduct and efficiency ratings throughout his service with no record of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  He was also promoted to SSG/E-6 in approximately 2 1/2 years.  It appears he was not 

awarded the Army Good conduct Medal due to an administrative oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 14 July 1967 through 14 February 1970 and his DD Form 214 should be corrected to show this award.

4.  The applicant was an infantryman assigned to infantry units for most of his Vietnam tour while performing duties as a rifleman, automatic rifleman, and squad leader.  Given those facts along with the fact that he was awarded two Purple Hearts, it would appear he was entitled to a Combat Infantryman Badge.  Therefore, it would be appropriate at this time to award him the Combat Infantryman Badge for actions on 2 June 1968 and to correct his DD Form 214 to show this award.

5.  The applicant participated in seven campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

6.  His units were cited for award of the Meritorious Unit Commendation, two awards of 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
14 July 1967 through 14 February 1970;

	c.  awarding him the Combat Infantryman Badge for actions on 2 June 1968; and

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

* Purple Heart (2nd Award)
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star and two bronze service stars
* Combat Infantryman Badge
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that 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 awarding the applicant a third 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)                                         AR20100025528



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ABCMR Record of Proceedings (cont)                                         AR20100025528



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