IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027684 


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.

2.  The applicant states he served with the infantry in the Republic of Vietnam (RVN) and he was wounded in the hand in 1969.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 3 April 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the RVN from 4 September 1967 through 31 August 1968. 

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that during his RVN tour he was assigned to:

* Company C, 1st Battalion, 8th Infantry Regiment from 10 September 1967 through 17 February 1968, performing duties in MOS 11B as a rifleman
* Medical Holding Detachment, 249th General Hospital, Camp Zama, Japan from 18 February 1968 through 9 May 1968 in a patient status
* Company C, 1st Battalion, 8th Infantry Regiment from 10 May 1968 through 27 August 1968, performing duties in MOS 11B as an automatic rifleman

4.  On 28 August 1968 he was assigned to the Medical Holding Detachment, Camp Zama, Japan until his reassignment to the Medical Holding Company at Womack Army Hospital, Fort Bragg, NC on 1 September 1968.

5.  Item 38 of his DA Form 20 further shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  Item 40 (Wounds) contains an entry that indicates the applicant had multiple fractures to his right hand on 21 August 1968.  Item 41 (Awards and Decorations) does not include the PH and the CIB in the list of earned awards.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a Standard Form (SF) 88 (Report of Medical Examination) and an SF 89 (Report of Medical History) completed during his separation processing on 21 January 1969, which shows he sustained a blast wound to his right hand.  His 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 27 February 1969, the applicant was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 1 year, 10 months, and 25 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the National Defense Service Medal, Vietnam Service Medal, and the RVN Campaign Medal [with Device (1960)].


8.  A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Reference Name Listing shows the applicant's name is listed as a casualty on 21 August 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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.

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 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)

11.  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 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.

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.  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 1st Battalion, 8th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Presidential Unit Citation for the period 29 October through 30 November 1967 by Department of the Army General Orders Number 38, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through 29 July 1969 by DAGO Number 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 October 1966 through 31 October 1969 by DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Purple Heart has been carefully considered and found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 21 August 1968, as evidenced by entries in item 40 of his DA Form 20 and on the Vietnam casualty listing, the official list of RVN battle casualties.  Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award.

2.  By regulation, in order to support award of the Combat Infantryman Badge there must be evidence confirming the applicant held and served in an infantry MOS, in a qualifying infantry unit, and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Evidence shows that while the applicant, an infantry Soldier, was assigned to an infantry unit as an automatic rifleman in the RVN he was wounded as a result of hostile action on 21 August 1968.  Any reasonable doubt concerning his being wounded while engaged in ground combat should be resolved in his favor.  Therefore, it would be appropriate to award him the CIB for action on 21 August 1968 and to correct his DD Form 214 to show this award.

3.  The record further shows that the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 3 April 1967 through 27 February 1969 and to correct his DD Form 214 to show this award.


4.  The applicant's unit was cited for award of the Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The applicant participated in four campaign phases during his service in the RVN.  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.

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 Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received in action on 21 August 1968;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
3 April 1967 through 27 February 1969;

	d.  awarding him the Combat Infantryman Badge for actions on 21 August 1968; and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)


* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _   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)                                         AR20100027684



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ABCMR Record of Proceedings (cont)                                         AR20100027684



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