IN THE CASE OF:	  

		BOARD DATE:  22 February 2012

		DOCKET NUMBER:  AR20110017245 


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 following:

* Purple Heart
* Combat Infantryman Badge

2.  The applicant states:

* he received the Purple Heart for combat service in Vietnam and it was never put on his DD Form 214
* his house burned last year and burned his Purple Heart Certificate
* he needs his DD Form 214 corrected in order to apply for benefits through the Department of Veterans Affairs (DVA)
* he received a 30 percent disability rating from the DVA for shell fragment wounds to his body
* he was always positioned in artillery in the field and believes he qualifies for the Combat Infantryman Badge
* he served his country honorably in a combat role and has the scars to prove it

3.  The applicant provides:

* a letter from the Mississippi State Veterans Affairs Commission
* Friar Report Number 10380 message
* Western Union Telefax
* General Orders Number 125, Headquarters, 71st Evacuation Hospital, APO San Francisco, dated 6 April 1968
* DD Form 214

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 the Army of the United States on 28 October 1966.  He completed training and was awarded military occupational specialty (MOS) 13A (Basic Field Artillery).  The highest rank/grade he attained while on active duty was specialist four/E-4.

3.  Special Orders Number 126, Headquarters 2d Armored Division, Fort Hood Texas, dated 6 May 1967, shows the applicant  was assigned to Company C, 1st Battalion, 41st Infantry, for 11B (Light Weapons Infantryman) MOS training.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

a. Item 22 (Military Occupational Specialties) shows:

*	13A, Basic Field Artillery, 10 March 1967
*	lined through "11B, Light Weapons Infantryman, 30 June 1967"

b. Item 31 (Foreign Service) shows 31 December 1967 through 9 April 1968, USARPAC-V (U.S. Army Pacific, Vietnam).

c. Item 38 (Record of Assignments) shows:

*	10 May 1967, 11B, Advanced Individual Training, Company C, 
	1st Battalion, 41st Infantry, 2d Armored Division, Fort Hood, TX
*	23 August 1967, 13A, Cannoneer, Battery A, 5th Battalion, 
	14th Artillery, 2d Armored Division, Fort Hood, TX
*	14 January 1968, 13A, Cannoneer, Headquarters Support Battery, 
	2d Battalion, 9th Artillery, 4th Infantry Division
*	25 January 1968, 13A, Cannoneer, A Battery, 2d Battalion, 
	9th Artillery, 4th Infantry Division

   d. Item 38 of the applicant's DA Form 20 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  

e. Item 41 Awards and Decorations shows:

*	National Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)

5.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he was ever awarded or recommended for award of the Combat Infantryman Badge.

6.  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 Combat Infantryman Badge pertaining to the applicant.

7.  General Orders Number 125 awarded the applicant the Purple Heart for wounds received in action on 5 April 1968.

8.  Item 38 of the applicant's DA Form 20 shows he was placed in a "casual status" and departed the Republic of Vietnam on 30 April 1968.

9.  He was honorably released from active duty on 25 October 1968 after completing 1 year, 11 months, and 28 days of creditable active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge (M-14).

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

11.  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.

12.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* TET Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)

13.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 600-8-22 states 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and Combat Infantryman Badge was carefully considered and determined to have partial merit.

2.  Although the record shows the applicant trained for the 11B MOS, there is no evidence showing he was ever awarded or recommended for award of the Combat Infantryman Badge.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry MOS, while assigned to an infantry unit, but the individual must have been presented and participated with the unit while it was engaged in active ground combat with enemy forces.  Further, his record of assignments does not show he performed duties in the 11B MOS.

3.  General Orders Number 125 awarded the applicant the Purple Heart for wounds received in action on 5 April 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

4.  The applicant indicated his house burned and his Purple Heart Certificate was destroyed in the fire.  Therefore, it would be appropriate to reissue his Purple Heart Certificate.

5.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  There is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (First Award) for the period 28 October 1966 through 25 October 1968 and to correction of his records to show this award.

6.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

7.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973 was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant served in Vietnam during the cited period.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X __  ____X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following to his DD Form 214:

   a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 October 1966 through 25 October 1968;

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that 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 the Combat Infantryman Badge.  




      _______ _   _______   ___
               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)                                         AR20110017245



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ABCMR Record of Proceedings (cont)                                         AR20110017245



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