IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110017472 


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, Army Good Conduct Medal, "Southeast Asia Service Medal," Presidential Unit Citation, and any other awards to which he is entitled.

2.  The applicant states he received a gunshot wound to his left chest region on 17 November 1965 while serving in the Republic of Vietnam.  He further states he was unaware of how to go about updating his DD Form 214 until recently.

3.  The applicant provides:

* DD Form 214
* Purple Heart Certificate
* a letter
* a photograph
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* Presidential Unit Citation narrative

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 into the Army of the United States on 12 December 1963.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 16 August through 24 November 1965 where he was further assigned to Company A, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile); which was an airmobile infantry unit.

3.  His record contains Special Orders Number 24 issued by Headquarters, 4th Training Brigade, U.S. Army Training Center, Armor, Fort Knox, dated 12 February 1964, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  His record contains Special Orders Number 12 issued by Headquarters, 11th Air Assault Division, Fort Benning, dated 12 January 1965, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14).

5.  His record contains General Orders Number 127, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 8 December 1965, which award him the Purple Heart.

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal or any derogatory information.

7.  The Combat Infantryman Badge is not included in the list of earned awards contained in item 41 of his DA Form 20 and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge during his active duty tenure.

8.  On 28 January 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) of this form shows he sustained a gunshot wound to the left side of his chest on 17 November 1965 while serving in the Republic of Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) 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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

11.  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 is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the Vietnam Defense Campaign.

12.  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.  This pamphlet shows that during his assignment to Company A, 1st Battalion, 5th Cavalry Regiment, his unit was cited for the Presidential Unit Citation for the period 23 October through 26 November 1965 by Department of the Army General Orders Number 40, dated 1967, and for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

13.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but were wounded as a result of hostile action, were captured by hostile forces but later escaped or were rescued or released, or were killed in action or otherwise in line of duty are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

14.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

15.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.  The "Southeast Asia Service Medal" is not recognized by Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  In view of the applicant's award of the Purple Heart for wounds sustained on 17 November 1965, it appears he participated in active ground combat while assigned to a qualifying unit of brigade, regimental, or smaller size, while serving in a qualifying MOS in the RVN.  Therefore, there is sufficient evidence upon which to base award of the Combat Infantryman Badge and correction of his DD Form 214 to show this badge.

4.  The applicant served honorably during the period 12 December 1963 through 28 January 1966.  He served in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information that would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

5.  Records show he was previously awarded the Vietnam Service Medal.  Evidence shows he participated in one campaign during his Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear with his previously-awarded Vietnam Service Medal.

6.  General orders awarded his unit in Vietnam the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show these unit awards.

7.  He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, his DD Form 214 should be corrected to show this award.

8.  The evidence shows the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this service medal.

9.  With regard to the "Southeast Asia Service Medal," only decorations, medals, and ribbons listed in Army Regulation 600-8-22 are authorized for award to a service member and entry on his/her DD Form 214.  There is no "Southeast Asia Service Medal" listed in Army Regulation 600-8-22; therefore, there is no basis for granting this portion of his request.

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 is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 12 December 1963 through 28 January 1966;

	b.  awarding him the Combat Infantryman Badge, effective 17 November 1965 for the per

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

	d.  adding the following awards to item 24 of his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

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 adding the "Southeast Asia Service Medal" to his DD Form 214.



      _______ _   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)                                         AR20110017472



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ABCMR Record of Proceedings (cont)                                         AR20110017472



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