IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005262 


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, in effect, award of the Purple Heart and a "unit bronze star citation" and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.  He also requests correction of his DD Form 214 to show his award of the Combat Infantryman Badge.

2.  The applicant states he served in the field for 8 months.  His back was injured during a C-130 [aircraft] landing and he was sent to the 93rd Evacuation Hospital for medical treatment.  He also received the Combat Infantryman Badge and his unit was awarded a "bronze star citation."  He states he deserves what he earned.

3.  The applicant provides a copy of his DD Form 214.

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 entered active duty on 7 November 1966 as an enlisted Reservist.  He completed his initial training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  Special Orders Number 16, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, dated 16 January 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 053, issued by Headquarters, Fort Polk, LA, dated
27 February 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

5.  Special Orders Number 056, issued by the same headquarters, dated
1 March 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

6.  On 31 March 1967, the applicant departed Fort Polk for duty in the Republic of Vietnam (RVN).

	a.  On 1 May 1967, he was assigned to Company C, 2nd Battalion,
18th Infantry Regiment, 1st Infantry Division as a rifleman and automatic rifleman;

	b.  On 19 November 1967, he was advanced to the rank/grade of specialist four (SP4)/E-4;

	c.  On 2 January 1968, he was reassigned to Company A, 1st Supply and Transport Battalion, 1st Infantry Division as a light truck driver;

	d.  On 1 September 1968, he was reassigned to the U.S. Army Depot, Long Binh as a light truck driver; and

	e.  On 22 November 1968, he departed the RVN en route to the continental United States for separation processing.

7.  On 26 November 1968, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve 


(USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years and 20 days of total active service.

8.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the:

* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal

9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing did not show the applicant's name as a casualty.

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

	a.  Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service, and

	b.  Item 40 (Wounds) is blank.

11.  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 the Purple Heart or Combat Infantryman Badge pertaining to the applicant.

12.  The applicant’s record does not contain any evidence of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

13.  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.

14.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.


15.  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 II (1 July 1966 - 31 May 1967)
* 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)

16.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided instructions for the completion of the DA Form 20.  Paragraph 9-53 specified entry in Item 40 of a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment and/or hospitalization.  The date wounded or injured was also to be entered.

17.  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 units to which the applicant was assigned were cited for the following awards:

	a.  2nd Battalion, 18th Infantry Regiment the:

* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated in 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by DAGO Number 53, dated 1970

	b.  1st Supply and Transport Battalion the:

* Meritorious Unit Commendation for the period 1 July 1967 through 
31 December 1968 by DAGO Number 56, dated 1969

	c.  U.S. Army Depot, Long Binh the:

* Meritorious Unit Commendation for the period 1 September 1968 through 31 July 1969 by DAGO Number 39, dated 1970


DISSCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, a "unit bronze star citation," and the Combat Infantryman Badge.  He further contends that his DD Form 214 should show what he has earned.

2.  The evidence clearly shows that the applicant was awarded an infantryman MOS and he had served in the RVN with an infantry unit of brigade, regimental, or smaller size.  However, there is no evidence of record and he did not provide any evidence that shows he was recommended for or awarded the Combat Infantryman Badge, or that he engaged in active ground combat against an armed enemy.  Therefore, there is insufficient evidence to grant this portion of his request.

3.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam casualty listing does not contain the applicant's name and the applicant's DA Form 20 does not indicate he received any wounds while in service.  The applicant has also not provided any substantiating evidence to support his contention that he was wounded as a result of enemy action.  Therefore, his request for award of the Purple Heart should be denied.

4.  The applicant contends his unit received a "unit bronze star citation"; however, he does not specify which of his units received such an award.  Furthermore, his description of the unit award differs from all known unit awards.  Accordingly, this issue is too vague to make any determination.  Therefore, there is no basis for granting this portion of his request.

5.  The applicant’s record shows he distinguished himself in the performance of his military service as evidenced by his attaining the rank of SP4 and receiving all "excellent" conduct and efficiency ratings throughout his service.  Therefore, it appears he did not receive the first award of the Army Good Conduct Medal due to an administrative oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

6.  Records show that the applicant participated in four campaign periods 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.


7.  The applicant's units in the RVN were collectively cited for two awards of the Meritorious Unit Commendation, one award of the RVN Gallantry Cross with Palm Unit Citation, and one award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

8.  Special orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Automatic Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.

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 November 1966 through 26 November 1968; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

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 award of the Purple Heart, Combat Infantryman Badge, or "unit bronze star 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)                                         AR20110005262



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ABCMR Record of Proceedings (cont)                                         AR20110005262



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