BOARD DATE:	26 April 2011

		DOCKET NUMBER:  AR20100025575 


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 to show award of the Combat Infantryman Badge, not the Combat Medical Badge as currently shown, and award of the Bronze Star Medal and Purple Heart.

2.  The applicant states there is a typographical error on his DD Form 214 where the Combat Medical Badge is listed and not the Combat Infantryman Badge he was awarded.  Additionally, he received a shrapnel wound for which he received medical care and should have been awarded the Purple Heart.  He was recommended for award of the Bronze Star Medal, but there is no record of the approval. 

3.  The applicant provides copies of DA Form 1577 (Authorization for Issuance of Awards), dated 5 June 1981; a letter he sent to the National Personnel Records Center, dated 6 December 1980; and his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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 19 April 1967.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DD Form 214 shows he was honorably released from active duty effective 26 January 1969 as a staff sergeant (SSG)/E-6.  He had completed 
1 year, 9 months, and 8 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Combat Medical Badge.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 38 (Record of Assignments) he was assigned to Company D, 3rd Battalion, 7th Infantry, Vietnam, from 16 April 1968 through on or about 
26 January 1969.

	b.  Item 38 further shows he received "excellent" conduct and efficiency ratings throughout his service.

	c.  Item 40 (Wounds) the entry "(F) (W) Right Arm - 24 April 1968."

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)

5.  There are no available orders or other evidence to show he was awarded the Combat Medical Badge.

6.  There is no available evidence of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  His available records do not contain orders for the Purple Heart.
8.  The applicant's name is listed on the Vietnam casualty roster with a date of casualty of 24 April 1968 under Casualty Status code 23, which indicates he was "hostile wounded in action - not serious - hospitalized."

9.  His records contain the following orders:

     a.  Special Orders Number 69, Headquarters, 1st Training Brigade, Fort Gordon, GA, dated 29 May 1971 announcing award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

     b.  Special Orders Number 137, Headquarters, 3d Training Brigade, Fort Jackson, SC, dated 21 August 1967, announcing award of the Marksman Marksmanship Qualification Bade with Automatic Rifle Bar.

     c.  Special Orders Number 169, Headquarters 199th Infantry Brigade, dated 17 June 1968, announcing award of the Combat Infantryman Badge.

10.  His records also contain USARV Form 157-R (Recommendation for Decoration for Valor or Merit) recommending the applicant for award of the Bronze Star Medal for service during the period 16 April 1968 through 
18 January 1969.  The recommendation states he performed all his assigned tasks in an exemplary and professional manner...he was responsible for supervising the tactical deployment of his squad under combat conditions...he displayed an aggressive attitude and tactical approach…his many efforts and achievements significantly contributed to the successful accomplishment of his unit's mission.  The recommendation was signed by the company commander and the battalion commander.  There is no record that the recommendation was processed beyond the battalion commander. 

11.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

12.  Army Regulation 600-8-22 (Military Awards) states in paragraph 1-15, that if the Secretary of the Army determines that a statement setting forth the distinguished act, achievement, or service, and a recommendation for official recognition was made and that no award was made because the statement was lost, or through inadvertence the recommendation was not acted upon; he or she may award any appropriate military decoration, Numeral, or Oak Leaf Cluster in lieu thereof, to the person concerned (10 U.S.C 3744).  In each case, the following should be sent to the Commander, USA U.S. Human Resources Command, ATTN: AHRC–PDO–PA, 1600 Spearhead Division Avenue, Fort Knox, KY 40122:  a copy of the original recommendation and, if possible, other corroborating statements, certificates, of affidavits.  Thus, the applicant has administrative relief available regarding award of the Bronze Star Medal.  It will not be further discussed.

13.  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 campaign periods:

* the Vietnam Counteroffensive, Phase IV,  2 April 1968-30 June 1968
* the Vietnam Counteroffensive, Phase V,  1 July 1968-1 November 1968
* the Vietnam Counteroffensive,  Phase VI,  2 November 1968-22 February 1969
* the Tet 69 Counteroffensive,  23 February1969-8 June 1969

14.  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 3rd Battalion, 7th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 - 31 July 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 - 31 August 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was wounded as a result of hostile action, as corroborated by the entry in item 40 of his DA Form 20, and his name being listed on the Vietnam casualty roster.  Therefore, he should be awarded the Purple Heart. 

2.  Special orders awarded him the Combat Infantryman Badge.  By his own admission the recording of the Combat Medical Badge on his DD Form 214 is an error.  His DD Form 214 should be corrected to show he was awarded the Combat Infantryman Badge, not the Combat Medical Badge.  

3.  The available evidence clearly shows that he distinguished himself in the performance of his military service as evidenced by promotion to staff sergeant. 
It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

4.  Special orders announced his Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.  

5.  The available evidence shows he participated in four designated campaign periods during his service in Vietnam.  Therefore, four bronze service stars should be affixed to his already-awarded Vietnam Service Medal. 

6.  During the applicant's assignment to his unit in Vietnam, it was cited for award of the Republic of Vietnam Cross of Gallantry with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

7.  The above awards should be shown on his DD Form 214.

BOARD VOTE:

___x_____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 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 Purple Heart for wounds sustained in action on 24 April 1968;    

     b.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 April 1967 to 26 January 1969; 
     c.  deleting all the awards listed in item 24 of the applicant's DD Form 214; and 

     d.  listing in item 24 of his DD Form 214 the following awards:  Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle 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)                                         AR20100006875



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ABCMR Record of Proceedings (cont)                                         AR20100025575



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