BOARD DATE:	  12 April 2012 

		DOCKET NUMBER:  AR20110016725 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds received in the Republic of Vietnam (RVN).

2.  The applicant makes no statement.

3.  The applicant provides copies of his DD Form 214, two copies of his certificate for award of the Purple Heart, and a letter from the Military Order of the Purple Heart, dated 12 August 2011.

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.  On 6 December 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
 
3.  On 10 May 1968, the applicant departed Fort Polk, Louisiana, for duty in the RVN.

	a.  On 15 June 1968, he was assigned for duty as a rifleman with Company B, 2nd Battalion, 505th Infantry Regiment.

	b.  Casualty message, date/time group 010011Z September 1968, reported that the applicant had been on a combat operation on 31 August 1968 when his unit came under mortar attack.  He received shell fragment wounds to his left arm and hand.  His wounds were not serious, but he was evacuated to the 22nd Surgical Hospital.

	c.  On 2 October 1968, he was further evacuated from the RVN and assigned as a patient in the Medical Holding Company, Fort Riley, Kansas.

4.  The applicant has provided two copies of a certificate for award of the Purple Heart indicating the following:

	a.  on 3 September 1968, a hospital commander issued him a certificate for wounds sustained on 31 August 1968; and

	b.  on 19 November 1968, a general officer issued him a second certificate for wounds sustained on 31 August 1968.

5.  On 5 December 1969, the applicant was released from active duty.  He attained the rank of specialist four/pay grade E-4 and completed 2 years of creditable active duty service.

6.  The applicant's DD Form 214 indicates he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machine Gun (M-60) Bars
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates a "metal fragment wound left arm and hand, shoulder and chest, 31 August 1968."

8.  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 U.S. Army Human Resources Command.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded to a member of the Armed Forces 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 United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, 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 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 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaigns:  Vietnam Counteroffensive Phase IV and Vietnam Counteroffensive Phase V.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 2nd Battalion, 505th Infantry Regiment, was cited in Department of the Army General Orders Number 48, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the time of the applicant's assignment.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Appendix V provided that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

12.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Purple Heart for wounds received in the RVN.

2.  There are no general orders available showing the applicant was awarded the Purple Heart.  However, the applicant's DA Form 20 clearly records his wounds received in action on 31 August 1968.  Also, there is a copy of the casualty message in his military records reporting his wounds and circumstances surrounding those wounds.  This evidence of record corroborates the Purple Heart Certificates provided by the applicant.  Therefore, the applicant's records should be corrected to show award of the Purple Heart.

3.  Records show the applicant participated in two campaigns during his service in the RVN.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The evidence of record clearly shows the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  Furthermore, the casualty message clearly reports that he was on a combat operation with his unit when it came under enemy mortar attack and he was wounded.  Accordingly, he met the requirements for award of the Combat Infantryman Badge and it should have been awarded to him.  Therefore, it would be appropriate to award him this badge and to add it to his DD Form 214.

5.  The applicant's unit was cited in orders for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

BOARD VOTE:

__x___  ____x____  __x______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Combat Infantryman Badge effective 31 August 1968 and

	b.  showing that in addition to awards already shown on his DD Form 214, his awards include:

* Purple Heart
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge



      ____________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)                                         AR20110016725



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ABCMR Record of Proceedings (cont)                                         AR20110016725



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