BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100028974 


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 Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge (CIB), and Purple Heart.

2.  The applicant also requests reconsideration of his earlier request to add the Army Commendation Medal with "V" Device to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant states:

* he was in the infantry
* he was in the field fighting
* he was in Vietnam for 1 year
* he got hit with metal from a mortar during the last week he was in Vietnam and did not receive the Purple Heart

4.  The applicant provides 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 requested award of the Army Commendation Medal with "V" Device.  This issue was previously considered by the ABCMR on 1 April 2010 per Docket Number AR20090017431 and denied.  Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered.  The staff of the ABCMR reviewed the applicant's request and determined his request pertaining to the Army Commendation Medal with "V" Device was received within 1 year of the ABCMR's original decision, but he did not provide any new evidence that would warrant reconsideration of this request.  As a result, his request pertaining to this issue does not meet the criteria for reconsideration.  Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 28 February 1967.  He was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).  He served in MOS 11C while assigned to Company A, 3rd Battalion, 22nd Infantry, 25th Infantry Division, in Vietnam from 5 August 1967 to 17 July 1968.  On 27 February 1969, he was honorably released from active duty in the temporary rank/grade of specialist four after completing 2 years of creditable service with no time lost.

4.  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 two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, two overseas service bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Pistol and Rifle Bars, and 1st Class Gunner Badge as authorized awards.

5.  There are no orders for the CIB or Purple Heart in his service personnel records.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.  His name does not appear on the Vietnam casualty roster.
7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the CIB or Purple Heart.

8.  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 pertaining to the applicant.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

10.  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 applicant's unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

11.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the CIB was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that 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 provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

13.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  He held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam; however, there is no evidence to show he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Regrettably, there is insufficient evidence on which to base award of the CIB in this case.

3.  He contends he got hit with metal from a mortar in Vietnam.  However, no evidence shows he was wounded or injured as a result of hostile action in Vietnam.  Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.

4.  He was released from active duty in the temporary rank of specialist four with 2 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 28 February 1967 through 27 February 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 February 1967 through 27 February 1969 and

	b.  adding the Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214.

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 or CIB.



      __________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)                                         AR20100028974



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ABCMR Record of Proceedings (cont)                                         AR20100028974



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