IN THE CASE OF:	  

		BOARD DATE:  9 February 2012

		DOCKET NUMBER:  AR20110018229 


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, a former service member (FSM), previously requested correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The FSM stated that he was paralyzed from the waist down and he was unable to get up to get his Purple Heart; they just laid it on his bed. 

3.  The FSM provided 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 FSM's records show he was inducted into the Army of the United States on 9 March 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He arrived in Vietnam on or about 13 August 1967 and he was assigned to the 4th Battalion, 31st Infantry, 196th Infantry Brigade.

4.  Item 38 (Record of Service) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned in a patient status to the 249th General Hospital, Vietnam, on 1 June 1968 after he suffered a compression fracture incurred on 25 May 1968 in the Quen Se Valley, Vietnam, when the helicopter in which he was riding was shot down by hostile forces fire.

5.  He was honorably released from active duty on 11 October 1968 in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

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

* Republic of Vietnam Campaign Medal with "1960" Device
* Vietnam Service Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter marksmanship Qualification Badge with Rifle bar (M-14)

7.  The FSM's name is shown on the Vietnam casualty roster with code "23" which indicates "hostile wounded in action – hospitalized."  The date of this injury/wound is listed as 25 May 1968.

8.  Army Regulation 600-8-22 (Military Awards) provides, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

9.  A review of the FSM's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.



10.  A review of the FSM's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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.

12.  Department of the Army General Orders 5, dated 1969, awarded his unit of assignment in Vietnam the Valorous Unit Award for service from 15 November 1967 to 3 February 1968.

13.  Department of the Army General Orders Number 8, dated 1974, awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

14.  Appendix B of Army Regulation 600-8-22 shows during his multiple tours and/or service in the Republic of Vietnam participation credit was awarded for various campaigns as indicated below.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive Phase III; 1 June 1967 - 29 January 1968
* TET Counteroffensive; 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV; 2 April - 30 June 1968

15.  Army Regulation 600-8-22 (Military Awards) 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.

16.  U.S. Army Vietnam Regulation Number 672-1specifically 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.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was wounded in action on 25 May 1968 as a result of hostile action in Vietnam as evidenced by his treatment record and the listing of his name on the Vietnam casualty roster.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show it.

2.  The FSM held an infantry MOS and he was assigned to an infantry unit when his helicopter was shot down by the enemy.  Therefore, he is entitled to award of the Combat Infantryman badge and correction of his Records to show it.

3.  General orders awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards. 

4.  The evidence of record shows the FSM 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.

5.  The evidence of record confirms the FSM served honorably during the period 9 March 1967 through 11 October 1968.  He attained the rank of SGT/E-5, served in Vietnam, received multiple combat awards, and received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the FSM the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.





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 the FSM the Purple Heart for wounds received in action in Vietnam on 25 May 1968
* awarding the FSM the Combat Infantryman Badge on 25 May 1968
* awarding the FSM the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 March 1967 through 11 October 1968
* adding to item 24 of his DD Form 214 the:

* Purple Heart
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Three bronze service stars to be affixed to his already-awarded Vietnam Service 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)                                         AR20110018229



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ABCMR Record of Proceedings (cont)                                         AR20110018229



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