IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110011983 


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 award of the Combat Infantryman Badge (CIB) and the Purple Heart (PH).

2.  The applicant states the awards were not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record).

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 was inducted into the Army of the United States on 25 March 1969.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served in Vietnam during the period 
1 August 1969 through 11 January 1970.  He was assigned to Company E, 1st Battalion, 8th Infantry, 4th Infantry Division.

	b.  Item 38 (Record of Assignments) shows he was a patient during the period 11 January through 26 January 1970.

	c.  Item 40 (Wounds) contain no entries. 
	
	d.  Item 41 (Awards and Decorations) does not show award of the CIB or PH.

4.  His name is not shown on the Vietnam Casualty Roster.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear the:

* National Defense Service Medal 
* Vietnam Service Medal with bronze service star
* Army Commendation Medal with “V” Device

6.  The applicant's service personnel records show on 6 October 1969, he was awarded an Army Commendation Medal with “V” Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam.  

7.  There is no evidence in the available records which show the applicant was wounded and/or treated for wounds sustained as a result of hostile action.  There are no indications in the applicant’s record which show he was awarded or recommended for award of the PH.  

8.  Army Regulation 600-8-22 (Military Awards) states the PH 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.

9.  Army Regulation 600-8-22 states the CIB is awarded to infantry officers and to enlisted and warrant officer persons 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.  

10.  A 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 any orders for the CIB or PH.

11.  A review of the applicant's records reveals he is entitled to additional awards and decorations.

12.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  It states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in two campaigns:  Vietnam Counteroffensive Summer-Fall 1969 and the Vietnam Winter-Spring 1970.

13.  Item 38 of his DA Form 20 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

14.  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.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 29 July 1969 to 10 April 1970, DAGO 5, 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to show award of the CIB and the PH was carefully considered and determined to have partial merit.

2.  Although the record is void of a recommendation for award of the CIB, records show the applicant served in an infantry MOS while assigned to an infantry unit and participated with the unit while it was engaged in active ground combat with enemy forces.  Therefore, he is entitled to correction of his record to show award of the CIB. 

3.  The evidence does not show he sustained wounds as the result of hostile fire while serving in the Republic of Vietnam or the reason he was hospitalized from 11 January 1970 to 26 January 1970.  Therefore, there is insufficient evidence to grant award of the PH. 

4.  His records show he was previously-awarded the Vietnam Service Medal with bronze service star.  The evidence shows he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for an additional bronze service star to be affixed to his previously awarded Vietnam Service Medal.  

5.  Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure; therefore, it would be appropriate to correct his DD Form 214 to show this award. 

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.  awarding him the following:

* the CIB
* the Army Good Conduct Medal for the period 25 March 1969 through 28 December 1970   

   b.  adding the following awards to his DD Form 214:
* the CIB
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Army Good Conduct Medal
* an additional bronze service star to be worn on his previously-awarded Vietnam Service Medal

2.  The Board further determined that the evidence presented was 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 PH. 



      _______ _   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)                                         AR20110011983



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ABCMR Record of Proceedings (cont)                                         AR20110011983



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