IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110011763 


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 the Bronze Star Medal, Purple Heart, and the Combat Infantryman Badge be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states these were not included due to an oversight.

3.  The applicant provides copies of the certificates for the Bronze Star Medal and the Purple Heart, his DD Forms 214, and some newspaper articles.

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 as an officer candidate on 30 September 1965.  He was discharged in pay grade E-5 on 22 August 1966 to accept a commission.  He was appointed a U.S. Army Reserve (USAR) infantry second lieutenant and entered active duty, on 23 August 1966.  He then completed parachutist training and was awarded the Parachutist Badge.

3.  His DA Form 66 (Officer Qualification Record shows in:

   a.  item 18 (Record of Assignments) – 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division in Vietnam from 5 September 1967 to 12 August 1968;
   
		(1)  B Company, from 5 September 1967 to 19 February 1968;

		(2)  Headquarters and Headquarters Company, from 20 February 1968 to 10 June 1968; and

		(3)  E Company, from 11 June 1968 to 11 August 1968;

	b.  item 23 (Qualification in Arms) – Rifle (M-14)/Sharpshooter, Pistol/Marksman, Light Machinegun/Expert, Rifle (M-16)/Marksman.

4.  101st Airborne Division General Orders Number 7078 of 10 October 1968 awarded the applicant the Bronze Star Medal for meritorious achievement in ground operations against a hostile force for the period August 1967 to August 1968.

5.  His Officer Evaluation Reports (OERs) for the periods ending in November 1967 and February 1968 discuss his success and accomplishments in combat as an infantry platoon leader.

6.  The applicant's DD Form 214 shows he was released from active duty on     17 August 1968 and transferred to the USAR.  His awards are listed as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and Republic of Vietnam (RVN) Campaign Medal with Device (1960).

7.  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 U.S. Army Human Resources Command, failed to reveal anything pertaining to the applicant.

8.  The applicant appears to be listed on the Vietnam Casualty Roster as being wounded in action on 27 October 1967, not serious, hospitalized.  Although the first name on the roster is different from the applicant’s, the service number is the same as the applicant’s.

9.  The applicant submitted with his application:
   
   a.  the certificate for his Bronze Star for meritorious service;
   
   b.  the certificate for the Purple Heart awarded by the 2nd Surgical Hospital on 28 October 1967 which shows the applicant was wounded in action on 27 October 1967;
   
   c.  extracts from the 29 November 1967 edition of The Screaming Eagle, "an authorized Army Newspaper published weekly by the 101st Airborne Division in Vietnam," which contains:
   
   	(1) a page 2 story describing an action in which after the applicant had ordered a house- to-house search of a village and witnessed the rescue of one of his wounded troopers; and 
   
   	(2)  a page 4 story reported that the applicant had been wounded in the head while going to the aid of some of his platoon's Soldiers who were wounded and pinned down.	
   
10.  Army Regulation 600-8-22 (Military Awards) states:

   a.   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.

   b.  the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

11.  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:

   a.  1st Battalion, 327th Infantry was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 Mat 1969 by Department of the Army General Orders (DAGO) Number  43 of 1970  and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 46 of 1974; and 

   b.  a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign period, including the Vietnam Counteroffensive Phase V from 1 July through 1 November 1968, Vietnam Counteroffensive Phase VI from 2 November 1968 through 22 February 1969, Tet 69/Counteroffensive from 23 February through  8 June 1969, and Vietnam Summer - Fall 1969 from 9 June through 31 October 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal by general orders.  

2.  The Purple Heart certificate for a wound sustained on 27 October 1967 was issued by an Army Hospital and is dated the following day.  Although an award certificate, in and of itself, is not normally sufficient basis for the Board to take affirmative action, the incident is substantiated by The Screaming Eagle article that records the details of the applicant's wounding.  The incident also appears to be substantiated, notwithstanding the difference in first names, by the entry on the Vietnam Casualty Roster.

3.  The applicant, an infantry officer, was awarded the Bronze Star Medal for meritorious achievement in ground operations against a hostile force.  His OERs for the periods ending in November 1967 and February 1968 discuss his success and accomplishments in combat as an infantry platoon leader.  He clearly qualified for award of the Combat Infantryman Badge.  Considering his assertion he probably was, but the orders are not now available.

4.  He is authorized the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  

5.  The applicant's tour of duty coincided with four designated Vietnam campaign periods and he is authorized four bronze service stars for wear on the Vietnam Service Medal. 

6.  He qualified for the Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Badge with Rifle (M-14) Bar and the Marksman Badge with Pistol and Rifle (M-16) Bars.

7.  The above awards should be added to his DD Form 214.

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 the awards currently listed in item 24 of his DD Form 214; and 

	b.  showing that his authorized awards consist of the Bronze Star Medal, Purple Heart, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Machine Gun, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Marksman Marksmanship Qualification Badge with Pistol and Rifle (M-16) 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)                                         AR20110011763





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ABCMR Record of Proceedings (cont)                                         AR20110011763



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