IN THE CASE OF:	  

		BOARD DATE:	    21 April 2011

		DOCKET NUMBER:  AR20100025961 


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 award of the Purple Heart.

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) but the Purple Heart he received is not reflected on his DD Form 214.

3.  The applicant provides his DD Form 214 and a Bronze Star Medal certificate.

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 5 November 1968 for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His record shows he was promoted to the rank/grade of sergeant (SGT)/E-5 on 14 July 1970, 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 21 June 1969 through 14 August 1971.  Item 38 (Record of Assignments) shows he was assigned to Company A, 4th Battalion, 503rd Infantry Regiment, performing duties in MOS 11B as a machine gunner, grenadier, and team leader, during his RVN tour.  Item 38 also shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.

4.  There is no evidence of any disciplinary action taken against the applicant or a commander's disqualification for the first award of the Army Good Conduct Medal.

5.  Item 40 (Wounds) of his DA Form 20 contains the entry "FW Chest, Face NED, left ARM  3 Jan 70" indicating he received fragment wounds to his chest, face, and left arm on 3 January 1970 in the RVN.  However, this entry is lined out.

6.  The applicant’s Official Military Personnel File (OMPF) contains award orders published by Headquarters, 173rd Airborne Infantry Brigade.  They show:

* General Order (GO) Number 1054, dated 8 May 1970, awarded him the Bronze Star Medal, for meritorious service in the RVN from June 1969 to June 1970
* GO Number 1058, dated 8 May 1970, awarded him the Army Commendation Medal for meritorious achievement in the RVN from
2 June 1969 to 11 April 1970
* GO Number 1762, dated 24 July 1971, awarded him the Bronze Star Medal (First Oak Leaf Cluster, for meritorious service in the RVN from August 1970 to August 1971

7.  On 12 September 1971, the applicant was honorably released from active duty (REFRAD), in the rank/grade of SGT/E-5, after completing 2 years,
10 months, and 8 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued shows the:


* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* 4 Overseas Service Bars
* Army Commendation Medal
* Bronze Star Medal
* Parachutist Badge

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on 3 January 1970 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  Unit history records for the 173rd Airborne Brigade, of which the applicant’s unit was a part, show that from April 1969 through its withdrawal from the RVN in 1971, the unit served in Binh Dinh Province and participated in the following four operations:

* Washington Green
* Greene Lightning
* Greene Storm
* Greene Sure

10.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the Purple Heart.  It states in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.

11.  Paragraph 2-13 of the same regulation contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star will be worn in lieu of five bronze service stars.  Table B-1 contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, he participated in the following five 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)
* Consolidation I (1 July-30 November 1971)

12.  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 and there must have been no convictions by a court-martial.

13.  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 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 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.

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 4th Battalion, 503rd Infantry Regiment, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
15 April 1969 through 16 March 1971 by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the Purple Heart he was awarded should be added to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 3 January 1970.  This is corroborated by an entry on the Vietnam casualty listing, the official DA list of RVN battle casualties.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  The record also contains orders confirming the applicant was awarded two awards of the Bronze Star Medal during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

3.  The record also shows that the applicant served as an infantryman in a qualifying infantry unit while serving in the RVN.  Unit history documents confirm the applicant’s infantry unit participated in at least four combat operations that involved action against enemy forces and his record confirms he performed traditional infantry duties as a machine gunner, grenadier, and team leader during his RVN tour.   His record is void of any indication that he was assigned staff or special duties that would have prevented him from performing his traditional infantry duties in his unit.  His record also confirms that in addition to the Bronze Star Medals he earned for meritorious service, he also received the Army Commendation Medal for meritorious achievement.  Therefore, given that all the evidence of record points toward the applicant serving as a traditional infantryman with a qualifying infantry unit during his RVN tour, it is reasonable to err in his favor and presume he participated in active ground combat.  As a result, it would serve the interest of justice and to award him the Combat Infantryman Badge and to add this award to his DD Form 214.

4.  The record further confirms the applicant received “excellent” conduct and efficiency ratings at all of his active duty assignments and is void of any derogatory information or unit commander's disqualification that would have precluded award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 5 November 1968 through 12 September 1971 and to add this award to his DD Form 214.

5.  The applicant participated in five campaign phases during his service in the RVN.  Therefore, he is entitled to 1 silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the silver service star.

6.  The record further confirms that his unit in the RVN was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.


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.  deleting from item 24 of his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 November 1968 through 12 September 1971;

	c.  awarding him the Combat Infantryman Badge for service in the RVN on
3 January 1970; and

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

* Bronze Star Medal (2nd Award)
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge



      ___________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)                                         AR20100025961



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ABCMR Record of Proceedings (cont)                                         AR20100025961



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