IN THE CASE OF:	 

		BOARD DATE:	    9 February 2012

		DOCKET NUMBER:  AR20110014982 


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, Combat Infantryman Badge, and Bronze Star Medal.

2.  He states he has his Purple Heart medal and certificate and his Combat Infantryman Badge, but these awards are not listed on his DD Form 214.  He would like to be awarded the Bronze Star Medal for recovery of General W___ and have this award entered on his DD Form 214.

3.  He provides Headquarters, 93d Evacuation Hospital General Orders Number 259. 

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 on 14 March 1968.  He completed training and was awarded the military occupational specialty of 11B (light weapons infantryman) effective 1 July 1968 and MOS 51B (carpenter) on 18 August 1969.  He attained the rank of specialist four/pay grade E-4.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he performed duties as a rifleman during his tour of duty in the Republic of Vietnam (RVN) while assigned to Company B, 1st Battalion, 2d Infantry, 1st Infantry Division during the period 17 August to 6 October 1968.

4.  Item 40 (Wounds) of his DA Form 20 shows he received a gunshot wound to his right arm on 21 September 1968.

5.  General Orders Number 259, issued by Headquarters, 93d Evacuation Hospital, dated 23 September 1968, awarded him the Purple Heart for wounds received in action in the RVN on 21 September 1968.

6.  He was honorably released from active duty on 13 March 1970 and he was transferred to the U.S. Army Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 2 years of active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge Machinegun (M-60)

8.  The available records are void of any orders or other documents that indicate he was recommended for or awarded the Combat Infantryman Badge or Bronze Star Medal by the proper authority.

9.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.

11.  Army Regulation 600-8-22 (Military Awards) states 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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

12.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968) campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company B, 1st Battalion, 2d Infantry, 1st Infantry Division, was awarded the following during his assignment to the unit:

* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965-7 April 1970

15.  Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

16.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  General orders, provided by the applicant, awarded him the Purple Heart.  As such, there is a sufficient basis to have this medal added to his DD Form 214.

2.  His records show he held and served in an infantry MOS in an infantry unit during his service in the RVN.  His gunshot wound verifies he was involved in hostile action.  As such, it would be appropriate to award him the Combat Infantryman Badge and add it to his DD Form 214.

3.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 14 March 1968 through 13 March 1970 and add this award to his DD Form 214.

4.  He participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

5.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  While the available evidence is insufficient for awarding him the Bronze Star Medal, this in no way affects his right to pursue his claim for a Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

7.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends 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 14 March 1968 through 13 March 1970; 

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation


2.  The Board further determined the evidence presented is 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 Bronze Star Medal.  




      _______ _   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)                                         AR20110014982



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ABCMR Record of Proceedings (cont)                                         AR20110014982



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