IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110003809 


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 Purple Heart.

2.  The applicant states there is no injustice; just a records correction.

3.  The applicant provides:

* his DD Form 214 for the period ending 25 January 1972
* a certificate showing award of the Purple Heart, dated 17 October 1970
* General Orders Number 203, dated 17 October 1970, awarding him the Purple Heart

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 Army National Guard on 24 June 1968.  He entered active duty for training (ADT) on 14 August 1968 and he was awarded military occupational specialty 11D (Armor Intelligence Specialist).  He was honorably released from ADT on 16 December 1968.

3.  He enlisted in the Regular Army in MOS 11D on 23 May 1969.  He was assigned to Company C, 1st Battalion, 11th Infantry in Vietnam on 24 August 1970.  He was wounded in action on 13 October 1970 and he was initially transferred in a patient status to the U.S. Army Hospital, Ryukyu Islands on
22 October 1970.  He was subsequently transferred to the Medical Holding Company, U.S. Army Medical Activity, Fort Ord, CA, for further treatment.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 29 (Qualification in Arms) he qualified as sharpshooter with the M-16 rifle on 29 December 1969
* Item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 25 January 1972.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal

6.  General Orders Number 203, issued by Headquarters, 67th Evacuation Hospital, dated 17 October 1970, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 13 October 1970.

7.  A review of the applicant's record shows entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards), 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 Vietnam Counteroffensive Phase VII
(1 July 1970 - 30 June 1971) campaign.

9.  Army Regulation 600-8-22 provides that 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 Regulation 672-1 (Decorations and Awards) provides 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.

10.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing
6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 13 October 1970; therefore, he is entitled to correction of his
DD Form 214 to show this award.

2.  He held an infantry MOS and he was assigned to an infantry unit when he was wounded as a result of hostile action in Vietnam on 13 October 1970.  The complete facts surrounding his injury are not available for review; however, he 

appears to have been personally present with his infantry unit when his unit engaged the enemy, thereby meeting the criteria for award of the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge effective 13 October 1970 and his DD Form 214 should be corrected to show this award.

3.  General orders awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The applicant participated in one campaign phase during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

5.  He served in Vietnam from 24 August to 22 October 1970 before he was transferred to a hospital in Japan as a result of being wounded as a result of hostile action.  He was also awarded the Vietnam Service Medal for his service in Vietnam.  Therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

6.  Records show he qualified sharpshooter with the M-16 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

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 Combat Infantryman Badge effective 13 October 1970; and

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

* Purple Heart
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      __________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)                                         AR20110003809



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ABCMR Record of Proceedings (cont)                                         AR20110003809



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