IN THE CASE OF:	  

		BOARD DATE:	  20 Mar 2012

		DOCKET NUMBER:  AR20110017533 


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 Combat Infantryman Badge.

2.  The applicant states he believes the medals were omitted in error.

3.  The applicant provides his 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 into the Army of the United States on 22 July 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders (SO) Number 178 issued by Headquarters, First Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, on 8 September 1969 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 215 issued by Headquarters, Second Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, on 21 October 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam with Company H, 75th Infantry (Ranger), from 16 December 1969 to 15 November 1970.

6.  General Orders (GO) Number 10932 issued by Headquarters, 1st Cavalry Division, on 22 June 1970 awarded him the Army Commendation Medal with "V" Device for heroism on 20 May 1970.  The orders cited the following action:

[Applicant] distinguished himself by valorous action on 20 May 1970.  Disregarding his own safety, he courageously exposed himself to dangers inherent in the combat environment as he directed his efforts toward neutralizing the enemy threat.  His heroic and valiant actions were characterized by great concern for the welfare of his comrades and contributed materially to the successful accomplishment of the United States mission in the Republic of Vietnam.

7.  Headquarters, 1st Cavalry Division, published the following additional GO:

* GO Number 21342 on 10 December 1970 awarding him the Air Medal for meritorious achievement
* GO Number 18286 on 12 October 1970 awarding him the Bronze Star Medal for meritorious service

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered a gunshot wound to his right shoulder on 16 May 1970.  However, his records do not contain official orders awarding him the Purple Heart or Combat Infantryman Badge.

9.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 21 July 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years of creditable active service with no lost time.

10.  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 with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with "V" Device
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 provides that 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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.

13.  U.S. Army Vietnam Regulation Number 672-1 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 is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  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.

14.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

15.  There is no derogatory information in his file that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

16.  Army Regulation 672-5-1 (Decorations and 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 the 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.  There must have been no convictions by a court-martial.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with Company H, 75th Infantry, his unit was cited for awards of the:

* Valorous Unit Award for service from 1 October to 31 December 1969 based on DAGO Number 32, dated 1973
* Valorous Unit Award for service from 1 May to 29 June 1970 based on DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 May 1969 to 28 February 1970 based on DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 February 1969 to 1 February 1970 based on DAGO Number 42, dated 1972

18.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the below campaigns. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970
* Sanctuary Counteroffensive – 1 May 1970-30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 16 May 1970 in Vietnam as evidenced by the entry on his DA Form 20.  It appears he met the criteria for award of the Purple Heart.  Therefore, he is entitled to this award and to correction of his DD Form 214.

2.  He held an infantry MOS and he served with an infantry unit in Vietnam.  His citation for award of the Army Commendation Medal with "V" Device clearly shows he was present and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this badge.

3.  GO awarded him the Air Medal for meritorious achievement in Vietnam which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  GO awarded his unit the Valorous Unit Award (two awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  He served honorably from 22 July 1969 through 21 July 1971.  He attained the rank/grade of SGT/E-5, received multiple valor awards, and was wounded in action.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

7.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

8.  He qualified as Marksman with the M-14 rifle.  His DD Form 214 lists the Marksman Marksmanship Qualification Badge with Rifle Bar; however, it does not list the weapon system.  As a matter of clarity, this entry should be corrected to show the bar is associated with the M-14 rifle.


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:

* awarding him the Purple Heart for wounds received in action on 16 May 1970
* awarding him the Army Good Conduct Medal (1st Award) for the period 22 July 1969 through 21 July 1971
* awarding him the Combat Infantryman Badge
* deleting the entries "Marksman (Rifle)" and "Vietnam Service Medal with two bronze service stars" from item 24 of his DD Form 214
* adding the following awards to item 24 of his DD Form 214:

* Purple Heart
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Combat Infantryman Badge
* 
Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      _____________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)                                         AR20110017533



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ABCMR Record of Proceedings (cont)                                         AR20110017533



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