IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110013233 


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 Purple Heart and the Combat Infantryman Badge for his service in the Republic of Vietnam (RVN).

2.  The applicant states these awards were not entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and certificate for award of the Purple Heart.

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.  Evidence of record and background information:

	a.  On 20 March 1969, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

	b.  On 2 August 1969, the applicant departed Fort McClellan, Alabama for duty in the RVN.

	c.  On 6 September 1969, the applicant was assigned for duty with the 
23rd Administration Company.

	d.  On 16 September 1969, the applicant was assigned as a rifleman with Company A. 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade.

	e.  The applicant has provided an award certificate, dated 25 January 1970, indicating that the Commander, 91st Evacuation Hospital had awarded him the Purple Heart for wounds received on 24 January 1970 in the RVN.

	f.  On 2 April 1970, the applicant was assigned as a  Chaplain Assistant with Headquarters and Headquarters Company, 196th Infantry Brigade.

	g.  On 17 October 1970, the applicant departed the RVN.

3.  On 21 October 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
7 months, and 2 days of creditable active duty service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device
* Army Commendation Medal with First Oak Leaf Cluster
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  The Vietnam Casualty Roster shows the applicant was wounded in action on 24 January 1970.

6.  The applicant's DA Form 20 (Enlisted Qualification Record):

	a.  Item 38 (Record of Assignments), shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

	b.  Item 40 (Wounds), shows: "FW (B) Legs, 24 Jan70", interpreted to mean he received fragment wounds in both of his legs on 24 January 1970.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

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

	a.  Provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  Provides for award of the Combat Infantryman Badge 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.

	c.  Appendix B of this regulation shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 23d Administration Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 32, dated in 1973 for award of the Meritorious Unit Commendation.  Company A, 2nd Battalion, 1st Infantry Regiment, during the applicant's assignment, was cited in DAGO Number 42, dated in 1972 for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant's DA Form 20 and the Vietnam Casualty Roster both show that the applicant was wounded in action on 24 January 1970.  This documentation corroborates the certificate provided by the applicant.  Therefore his 
DD Form 214 should be corrected to add the Purple Heart.

3.  The evidence of record clearly shows that the applicant was awarded an infantryman MOS and was assigned as a rifleman to an infantry unit of brigade, regimental, or smaller size when he was wounded in action.  Therefore, it is reasonable to presume he engaged the enemy in actual ground combat and his DD Form 214 should show the Combat Infantryman Badge.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving two personal decorations, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

7.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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.  awarding him the Army Good Conduct Medal for the period 20 March 1969 to 21 October 1970;

	b.  deleting all awards shown on his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Commendation Medal with one Oak Leaf Cluster
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device








* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar



      _______ _   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)                                         AR20110013233





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ABCMR Record of Proceedings (cont)                                         AR20110013233



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