IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20110000274 


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 the Combat Infantryman Badge, two awards of the Purple Heart, two awards of the Bronze Star Medal, and any unit citations awarded to his unit in the Republic of Vietnam (RVN), to include the Meritorious Unit Commendation (MUC), during his period of assignment.

2.  The applicant states these earned awards were not included in the list of awards on his DD Form 214.  

3.  The applicant provides his DD Form 214 in support of his application.  

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 7 May 1968.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that during his first assignment in the RVN he served with Company C, 3rd Battalion, 1st Infantry Regiment, performing duties in MOS 11B as a rifleman from 4 December 1968 to 26 February 1969, at which time he was transferred to the Medical Holding Detachment, Camp Zama, Japan in a patient status.  He served a second tour of duty in the RVN assigned to the same unit in MOS 11B as a squad leader from 1 October 1969 to 2 February 1970.  Item 38 also confirms he received “excellent” conduct and efficiency ratings throughout his service.

4.  Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not list any of the awards in question.

5.  General Orders Number 1687, issued by Headquarters, Americal Division, dated 20 February 1970, awarded the applicant the Bronze Star Medal for meritorious service in the RVN from March 1969 through March 1970.  There are no orders or other documents in his OMPF that show he was ever recommended for or awarded any Purple Hearts or a second award of the BSM.

6.  The applicant's OMPF is also void of any medical treatment records indicating he was ever wounded in action while serving in the RVN.  His record is void of any derogatory information or a unit commander's disqualification that would have precluded him from the first award of the Army Good Conduct Medal (AGCM).

7.  On 6 February 1970, the applicant was honorably released from active duty (REFRAD), in the rank/grade of SGT/E-5, after completing 1 year and 9 months of active military service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD form 214 issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* 1 overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not contain the applicant's name.  Additionally, review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any of the awards requested by the applicant.

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 military medical personnel, and a record of this medical treatment must have been made a matter of official record.  

11.  Paragraph 2-13 of the awards regulation 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 VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) 

12.  Chapter 8 of the awards regulation contains guidance on badges and tabs.  Paragraph 8-2 contains guidance on the CIB.  It states in order to award the CIB the member must have held and served in an infantry MOS; served in an infantry unit of brigade, regimental, or smaller size; and been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Combat service alone does not support award of the CIB.

13.  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.
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, 1st Infantry, the unit to which the applicant was assigned during his two tours of duty in the RVN, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
2 November 1968 through 28 February 1969 by Department of the Army General Order (DAGO) Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
24 August through 31 December 1969 by DAGO Number 42, dated 1972

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the Combat Infantryman Badge, two Purple Hearts, two Bronze Star Medals, and unit awards to his DD Form 214 has been carefully considered and found to have partial merit.

2.  General orders awarded him the Bronze Star Medal for meritorious service in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  He participated in four campaign phases during his two tours of duty 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.

4.  His unit in the RVN was cited for two awards of the RVN Gallantry Cross with Palm Unit Citations.  Although he is only authorized to wear only one of these awards, he is entitled to correction of his DD Form 214 to show both awards.

5.  Further, the record shows the applicant received “excellent” conduct and efficiency ratings through his service and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 7 May 1968 through 6 February 1970 and to correct his DD Form 214 to show this award.

6.  In addition, although the applicant's record is void of specific evidence of his personal participation in active ground combat with his unit in the RVN, it does confirm he served as an infantryman in MOS 11B with a qualifying infantry unit during both of his tours in the RVN.  There is no evidence of record indicating the applicant was ever assigned to staff or non-infantry duties during his tenure in the RVN.  It further shows he was awarded the Bronze Star Medal for meritorious service in the RVN.  Therefore, since unit history documents show the unit was engaged in infantry combat operations in the RVN on a regular basis during his tenure of assignment, it is reasonable to presume he was present and he participated with the unit while it engaged enemy forces in active ground combat.  Therefore, based on the weight of the evidence in his favor, it would be appropriate to err in his favor by awarding him the Combat Infantryman Badge and correcting his DD Form 214 to show this award.

7.  By regulation, in order to support award of the PH there must be evidence confirming the member was wounded as a result of enemy action, that the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record.

8.  The applicant’s record is void of any evidence he was ever wounded in action or that he was ever treated for a combat-related wound by medical personnel.  Although item 38 of his DA Form 20 shows he was a hospitalized during his first RVN tour, item 40 of his DA Form 20 is blank, indicating he was never wounded as a result of hostile action.

9.  Further, his OMPF is void of any orders or other documents showing he was ever recommended for or awarded the PH and of medical treatment records indicating he was ever treated for a combat related wound.  In addition, the applicant failed to provide any documentary evidence of being wounded in action or that confirms medical treatment for a combat-related wound.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, it would not be appropriate or in the interest of all those who served in the RVN and faced similar circumstances to award him the Purple Heart at this late date.  

10.  The applicant’s record is also void of any documents, orders or entries indicating he was awarded a second or subsequent award of the BSM, and there is no evidence showing his unit earned a MUC during his tenure of assignment in the RVN.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  
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
7 May 1968 through 6 February 1970; and

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

* Bronze Star Medal
* Army Good Conduct Medal
* RVN Gallantry Cross with Palm Unit Citations (2nd Award)
* Combat Infantryman Badge

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 two awards of the Purple Heart and two awards of the Bronze Star Medal.



      ___________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)                                         AR20110000274



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ABCMR Record of Proceedings (cont)                                         AR20110000274



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