BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110009157 


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 that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he served as an infantryman in an infantry unit that engaged the enemy in combat in Vietnam and he believes that he is entitled to award of the CIB.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 Regular Army on 13 September 1966 for a period of 3 years under the airborne training option.  He completed his basic training, advanced individual training as a light weapons infantryman, and airborne training before being transferred to Vietnam on 14 April 1967 for assignment to Company B, 2d Battalion, 503d Infantry Regiment for duty as a rifleman.  He was advanced to the rank of private first class (PFC) on 18 April 1967.

3.  On 10 July 1967, at 2000 hours, while on an ambush patrol, the applicant sustained fragmentation wounds to the left foot when a friendly mortar round fell short.  He was evacuated to the 18th Surgical Hospital in PkeiKu and subsequently evacuated to a hospital in Okinawa on 15 July 1967.  He remained at Fort Buckner, Okinawa until he was transferred to Fort Bragg, North Carolina on 17 January 1968.

4.  On 14 February 1968, he was transferred back to Vietnam for assignment to Company A, 2d Battalion, 505th Infantry Regiment.  Although not explained in the available records, he departed Vietnam on 28 March 1968 and was transferred back to Fort Bragg, where he remained until he was honorably released from active duty (REFRAD) on 12 September 1969 due to the expiration of his term of service.  He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Parachutist Badge, and Vietnam Service Medal (VSM).

5.  A review of the applicant’s records failed to reveal that the applicant was awarded the CIB or the Purple Heart.  However, the applicant’s name is contained on the Vietnam Casualty Listing as being wounded on 10 July 1967.

6.  In March 1992, as a result of an inquiry by the applicant’s Congressional Representative, the Army Reserve Personnel Center in St. Louis, Missouri informed the Congressional Representative that there were no provisions to award the applicant the Purple Heart for being wounded by friendly fire.

7.  A review of the applicant’s official records shows the applicant had “excellent” conduct and efficiency ratings throughout his period of service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  Army Regulation 600-8-22 (Military Awards) 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.  

9.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapons fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

10.  Army Regulation 600-8-22 provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

11.  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.  

12.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals 
who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty
are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

13.  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.  It shows that the applicant's unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Additionally, the applicant served during three campaigns while in Vietnam.

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the CIB for his Vietnam service as an infantryman has been noted and appears to have merit.

2.  The applicant was wounded by friendly fire during an ambush in Vietnam on 10 July 1967 while serving as an infantryman in an infantry unit.  Accordingly, he meets the requirements for award of the CIB effective 10 July 1967, while serving in the rank of PFC. 

3.  At the time the applicant was wounded by friendly fire, there were no provisions for award of the Purple Heart for such injuries.  However, in 1994 the provisions for award of the Purple Heart were changed to allow for award of the Purple Heart when the friendly projectile which caused the injury was released with the intent to inflict damage to the enemy.  Accordingly, the applicant is entitled to be awarded the Purple Heart effective 10 July 1967 while serving in the rank of PFC.

4.  A review of the FSM's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 13 September 1966 to 12 September 1969 and his DD Form 214 should be corrected to show this award.

5.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device 1960.  Accordingly, it should be awarded at this time and added to his DD Form 214.

6.  The applicant also served during three campaigns in Vietnam and thus is entitled to wear three bronze service stars on his already-awarded VSM.

7.  Additionally, the evidence of record shows the applicant's unit was awarded the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, these unit awards should be added to his DD Form 214 at this time as well.  

BOARD VOTE:

__X___  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding him the CIB effective 10 July 1967 while serving in the rank of PFC and adding it to his DD Form 214
* Awarding him the Purple Heart for wounds received in action in Vietnam on 10 July 1967 while serving in the rank of PFC and adding it to his 
DD Form 214
* Awarding him the AGCM (1st Award) for the period 13 September 1966 to 12 September 1969, while serving in the rank of PFC and adding it to his DD Form 214
* Deleting the “Vietnam Service Medal” from his DD Form 214
* Adding the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his         DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20110009157



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ABCMR Record of Proceedings (cont)                                         AR20110009157



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