IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110009500 


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 add his two awards of the Purple Heart.  He also requests award of the Combat Infantryman Badge.

2.  The applicant states the Parachutist Badge should be removed from his DD Form 214.  He was never airborne qualified.

3.  The applicant provides:

* his DD Form 214
* two Purple Heart Certificates

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.  He was inducted into the Army of the United States on 23 January 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, Fort Polk, Fort Polk, LA, Special Orders Number 062, dated 9 March 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  He served in the Republic of Vietnam from 5 July 1967 to 4 July 1968.  During this period he was assigned to:

* Company A, 2nd Battalion (Mechanized), 8th Infantry, from 15 August 1967 to 1 February 1968 as an infantryman and a squad leader
* Headquarters and Headquarters Company, 4th Infantry Division, from 2 February to 14 March 1968 as a specialty bartender in the commanding general's mess
* Company D, 51st Infantry, from 17 March to 28 June 1968 as a team leader

5.  Headquarters, 8th Field Hospital, General Orders Number 81, dated 16 November 1967, awarded him the Purple Heart for wounds received in action on 13 November 1967 in the Republic of Vietnam.

6.  On 19 December 1967, he was promoted to sergeant/pay grade E-5.

7.  4th Infantry Division General Orders Number 495, dated 31 January 1968, awarded him the Purple Heart (1st Oak Leaf Cluster) for wounds received in action on 28 December 1967 in the Republic of Vietnam.

8.  Item 27 (Military Education) of his DA Form 20 (Enlisted Qualification Record) does not show he attended airborne training.

9.  Item 40 (Wounds) of his DA Form 20 contains two entries:

* gunshot wound – back, dated 14 November 1967
* fragment wound – right thigh, dated 29 December 1967

10.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Parachutist Badge.

11.  He was released from active duty on 22 January 1969.  He completed 2 years of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.

	a.  During the period he was assigned to the 2nd Battalion (Mechanized), 8th Infantry, the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966-28 July 1969)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (1 October 1966-31 October 1969)

	b.  During the period he was assigned to Company D, 51st Infantry, the unit was awarded the Meritorious Unit Commendation (Army) (1 May 1967-30 April 1968).

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  The award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

	c.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served during the:

* Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968)
* Tet Counteroffensive Campaign (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV Campaign (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968)

	d.  A bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal which in this case is the Vietnam Service Medal.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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.  

DISCUSSION AND CONCLUSIONS:

1.  His military personnel records jacket contains orders for award of the Purple Heart and Purple Heart with 1st Oak Leaf Cluster.  Therefore, it is appropriate to add these awards to his DD Form 214.

2.  He was an infantryman assigned infantryman duties in an infantry company in the Republic of Vietnam.  During his assignment he was wounded twice – a gunshot wound on one occasion and a fragment wound on a second occasion – for which he was awarded two Purple Hearts.  It is reasonable to conclude his unit was engaged in active ground combat and he actively participated in such ground combat.  Therefore, it is appropriate to award him the Combat Infantryman Badge and add it to his DD Form 214.

3.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 23 January 1967 to 22 January 1969 ending with termination of a period of Federal military service.

4.  Based on his service in the Republic of Vietnam he is authorized the:

* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his Vietnam Service Medal.

6.  Special orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be added to his DD Form 214.

7.  There is no evidence he completed the prescribed proficiency tests for the Parachutist Badge while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or that he participated in at least one combat parachute jump.  He was never assigned to an airborne unit.  His DA Form 20 does not show he was awarded the basic Parachutist Badge.  Therefore, it is appropriate to remove this award from his DD Form 214 as he requested.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 23 January 1967 through 22 January 1969,
	b.  awarding him the Combat Infantryman Badge,

	c.  deleting the Parachutist Badge from item 24 of his DD Form 214, and

	d.  adding the following awards to item 24 of his DD Form 214:

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit 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)                                         AR20110009500



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ABCMR Record of Proceedings (cont)                                         AR20110009500



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