IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005512 


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 (PH) and the Combat Infantryman Badge (CIB).

2.  The applicant states he earned the PH and CIB and worked his best in the military to achieve these awards.

3.  The applicant provides a copy of his:

* DD Form 214
* PH order

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's record shows he enlisted in the Regular Army on 27 August 1968.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows he was routinely promoted to the following ranks on the dates indicated:

* private (PV2) - 27 December 1968
* private first class (PFC) - 2 February 1969
* specialist four (SP4) - 23 October 1969
* sergeant (SGT) - 27 May 1971

4.  The applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) from 1 February to 16 August 1969, while assigned to Company A, 1st Battalion, 46th Infantry Regiment as a “rifleman.”

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he received “excellent” conduct and efficiency ratings at each of his assignments during his tenure on active duty.  Item 41 (Awards and Decorations) includes an entry which shows he qualified "expert" with the hand grenade.  It does not list the PH or CIB.

6.  On 13 February 1969, the applicant accepted non-judicial punishment under the provisions of the UCMJ for wrongfully urinating near the Americal Combat Center Mess Hall on or about 12 February 1969.  The punishment imposed was a forfeiture of $28.00 pay for 1 month.

7.  General Orders (GO) Number (#) 2587, Headquarters, Americal Division, dated 15 April 1969, announced the applicant’s award of the PH for wounds received in connection with military operations against a hostile force on 19 March 1969.

8.  Special Orders #23, Headquarters, 197th Infantry Brigade shows the applicant qualified "expert" with the M-14 Rifle.

9.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

10.  The applicant’s OMPF contains no documents to show he was ever recommended for or awarded the AGCM by the appropriate award authority.  It is 

also void of a disqualification from any of his active duty unit commanders that would have precluded him from receiving the AGCM.

11.  On 23 July 1971, the applicant was honorably released from active duty in the rank of SGT after completing 2 years, 10 months, and 27 days creditable active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal
* Expert Marksmanship Qualification Badge with M60 Machine Gun and Rifle Bars

12.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Appendix B shows that during the applicant’s service in Vietnam, he participated in the following campaigns:

* Vietnam Counteroffensive, Phase VI
* TET Counteroffensive CO
* Vietnam Summer-Fall 1969

13.  Chapter 8 of the awards regulation contains guidance on award of combat badges.  It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.  

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.


15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 46th Infantry Regiment was cited in the following Department of the Army General Orders (DAGO) for the indicated unit awards:

* DAGO #43, dated 1972 - Valorous Unit Award (VUA)
* DAGO #42, dated 1972 - RVN Gallantry Cross with Palm Unit Citation

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action in Vietnam on 19 March 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record confirms that having been assigned to the RVN, the applicant performed the duties of a rifleman in his infantry MOS with his infantry unit and, he was wounded in action that resulted in his award of the Purple Heart. As a result, he met the regulatory criteria necessary for entitlement to the Combat Infantryman Badge.  Therefore, it would be appropriate to correct his DD Form 214 to show the Combat Infantryman Badge.

3.  Although the applicant's record shows he accepted punishment under Article 15 of the UCMJ for a minor offense, there is no evidence of record that shows this one indiscretion was a true reflection of his overall record of service.  Subsequent to this offense, he was twice promoted, to the rank of SP4 and SGT.  He received “excellent” conduct and efficiency ratings at all of his assignments.  Further, his record is void of a unit commander disqualification that would have precluded award of the AGCM.  Thus, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service.

4.  The evidence of record confirms the applicant qualified "expert" with the hand grenade and M-14 Rifle.  Therefore, his DD Form 214 should be corrected to include these qualifications.

5.  The applicant’s unit was cited in general orders for award of the VUA and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these unit awards.

6.  Based on the applicant’s RVN service and his campaign participation he is authorized 3 bronze service stars with his already- awarded VSM.


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.  awarding him the Army Good Conduct Medal (1st Award) for the period  27 August 1968 through 23 July 1971; and

	b.  deleting the current entry from item 24 of his DD Form 214 and replacing it with the following awards:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Valorous Unit Award
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with M60 Machine Gun, M14 and M-16 Rifle, and Hand Grenade Bars



      _____________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)                                         AR20110005512





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ABCMR Record of Proceedings (cont)                                         AR20110005512



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