IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110012682 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect awards of the Purple Heart, the Combat Infantryman Badge (CIB), the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and any other awards to which he is entitled.

2.  The applicant states that he was an infantryman assigned to an infantry unit in Vietnam when he was wounded as a result of enemy action.  However, he was not awarded the awards of the Purple Heart or the CIB.

3.  The applicant provides a copy of his DD Form 214, copies of clinical records, and a statement in support of his application.

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 in Detroit, Michigan on 6 October 1965.  He completed his one-station unit training as an infantry indirect fire crewman with Company A, 3d Battalion, 21st Infantry Regiment at Fort Devens, Massachusetts before being transferred to Vietnam with his unit on 15 July 1966. 

3.  On 10 January 1967, the applicant sustained artillery fragmentation wounds to the chest which resulted in a sucking chest wound and fracture of three ribs as a result of hostile action.  He was initially evacuated to the 12th Evacuation Hospital and was then transferred to a hospital at Camp Zama, Japan.  

4.  He was subsequently evacuated to Fort Knox, Kentucky and was advanced to the pay grade of E-4 on 11 May 1967.

5.  On 5 October 1967, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal (VSM).

6.  A search of the applicant’s official records as well as a search of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders awarding the applicant the Purple Heart or the CIB.

7.  His records show that he had “excellent” conduct and efficiency ratings throughout his service and his records are 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) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry military occupational specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  

11.  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 during the applicant's assignment, he participated in one campaign and his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

12.  Army Regulation 600-8-22 states a bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation.  This regulation states that bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the Purple Heart has been noted and found to have merit.  The applicant was wounded in Vietnam as a result of enemy action on 10 January 1967 and was medically evacuated for treatment of those wounds.  Accordingly, he is entitled to be awarded the Purple Heart for those wounds and to have that award added to his DD Form 214 at this time. 

2.  The applicant’s contention that he should be awarded the CIB has also been noted and found to have merit.  He was serving as an infantryman in an infantry company when he was wounded in action on 10 January 1967.  Accordingly, he is entitled to be awarded the CIB effective 10 January 1967 and to have it added to his DD Form 214 at this time. 

3.  A review of the applicant's records also 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 AGCM 
(1st Award).  Therefore, it appears the failure to award him the AGCM (1st Award) was the result of an administrative error.  Accordingly, he should be awarded this medal for the period 6 October 1965 to 5 October 1967 and his    DD Form 214 should be corrected to show the medal.
4.  The applicant also served in one campaign while in Vietnam and he is entitled to wear one bronze service star on his already-awarded VSM.

5.  Additionally, the evidence of record shows the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, that award should be added to his DD Form 214 at this time.

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:

* Deleting the entry “Vietnam Service Medal” from block 24 of his DD Form 214
* Adding the entry “Vietnam Service Medal w/one bronze service star” to block 24 of his DD Form 214
* Awarding him the Purple Heart for wounds received in action in Vietnam on 10 January 1967 and adding that award to block 24 of his DD Form 214
* Awarding him the CIB for engaging the enemy on combat in Vietnam on 10 January 1967 and adding that award to block 24 of his DD Form 214
* Awarding him the AGCM (first award) for the period of 6 October 1965 to 5 October 1967 and adding that award to block 24 of his DD Form 214
* Adding the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to block 24 of 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)                                         AR20110012682





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ABCMR Record of Proceedings (cont)                                         AR20110012682



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