IN THE CASE OF:	

		BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110019778 


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 add the Purple Heart and any other awards to which he may be entitled.

2.  He states his combat medals were omitted from his DD Form 214.

3.  He provides his DD Form 214 and a Purple Heart Certificate.

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 28 September 1967, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and assigned to duty in Vietnam.  He achieved the rank/grade of private first class/E-3.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned to:

* Company A, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), in Vietnam from 19 March to 7 August 1968
* Medical Holding Detachment, U.S. Army Hospital, Camp Zama, Japan, on 8 August 1968
* Medical Holding Detachment, U.S. Army Hospital, Fort Polk, LA, from 9 August 1968 to 6 February 1969
* his home address from 7 February to 12 March 1969, the date he was retired for permanent physical disability

	b.  item 38 that he received all "excellent" conduct and efficiency ratings with the exception of two periods of "unknown" ratings while in a patient status; and

	c.  item 40 (Wounds) that he received minor fragment wounds to his body on 21 July 1968.

4.  His record includes a copy of Headquarters, 1st Air Cavalry Division, General Orders (GO) Number 8635, dated 18 July 1968, announcing award of the Purple Heart for wounds he received on 21 July 1968.  The date of the orders predates him being wounded, which appears to be a clerical error.

5.  His record includes two U.S. Army Vietnam Forms 157-R (Recommendation for Decoration for Valor or Merit) showing his company commander recommended him for award of the Bronze Star Medal (BSM) and Air Medal (AM) on 27 August 1968, both for the period March to July 1968.

	a.  The record is void of documentation showing the recommendations were submitted through the chain of command to an approval authority or that orders were published announcing these awards.

	b.  The recommendation for award of the AM includes a statement showing his commander had certified the applicant met the minimum requirements prescribed by the regulation for award of the basic AM.

	c.  In his recommendation for award of the BSM, his commander provided the following narrative description:

During the period March 1968 to July 1968, [the applicant] performed the duties of rifleman in Company A, 1st Battalion, 7th Cavalry, in an exemplary and commendable manner.  He was immediately recognized as an outstanding Soldier and was commended by his superiors for his efforts.
   
At all times, [the applicant] displayed a diligent effort and sincere desire to accomplish all assigned missions.  He demonstrated loyalty and courage in such a manner as to set the example for his associates.
   
[The applicant's] aggressiveness, knowledge, and consummate sense of purpose proved an invaluable asset to both his squad and platoon.  His duties were accomplished in an efficient and effective manner, far beyond that expected of his grade and experience.  His attention to detail, willingness to perform more than his share, and his ability to grasp the situation and select a positive course of action, singled him out as a definite asset to his unit.
   
[The applicant] shared his experience with his contemporaries, constantly assisting them in developing the company into a well-trained, combat-effective unit.  His knowledge of the tactics of the Viet Cong and methods of counter-guerrilla warfare proved invaluable to his company.
   
[The applicant's] initiative and ability significantly contributed to the American mission in the Republic of Vietnam (RVN).  His superior performance of duty stands in keeping with the highest traditions of the military service and reflects great credit upon himself, his unit, and the U.S. Army.

6.  He was retired for permanent physical disability on 12 March 1969.  He completed 1 year, 5 months, and 15 days of total active service characterized as honorable.

7.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 1st Class Gunner (now known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar

8.  His record is void of documentation showing he was the subject of any disciplinary action or that he received a commander's disqualification for award of the Army Good Conduct Medal (AGCM).

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the BSM may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the BSM was generally delegated no lower than brigadier generals in command of separate brigades.

12.  U.S. Army Vietnam Regulation 672-1 also provided guidelines for award of the AM.

	a.  It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM.  However, the regulation was clear that these guidelines were considered only a departure point.

	b.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

	c.  To be recommended for award of the AM, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an AM for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

13.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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.  In defining the types of infantry units whose members could be eligible for the CIB, U.S. Army Vietnam Regulation 672-1 provided an example stating infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments would be eligible for the CIB if other criteria were also met.

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:

* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 1st Battalion, 7th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969 by Department of the Army GO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  GO announced award of the Purple Heart to the applicant for wounds he received on 21 July 1968.  Therefore, he is entitled to correction of his DD Form 214 to shows this award.

2.  He received "excellent" conduct and efficiency ratings throughout his service with the exception of two periods of "unknown" ratings while in a patient status and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 28 September 1967 to 12 March 1969 and to correct his DD Form 214 to show this award.

3.  As an infantryman assigned to a cavalry unit, the applicant would have been eligible for award of the CIB provided he met all other criteria.  The record shows he was wounded in action and his company commander saw fit to recommend him for award of the BSM, indicating he had satisfactorily performed his infantry duties in active ground combat.  Therefore, he should be awarded the CIB effective the date he was wounded and his DD Form 214 should be corrected to show this badge.

4.  He was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded VSM.

5.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  His commander certified he met the minimum requirements prescribed by regulation for award of the basic AM.  At the time, eligibility for award of the AM required participation in 25 category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in such missions.  He served as an infantryman assigned to an airmobile cavalry unit for 5 months and there is no reason to doubt his commander's certification of his eligibility for the AM.  Although the record does not show the award was approved by an appropriate authority, the record shows no reason why this recommendation would have been disapproved.  Further, experience shows that most Soldiers who met the mission and flight hours criteria were awarded the AM.  This being the case, it would be appropriate to award him the AM and correct his DD Form 214 to show this award.

7.  His commander also recommended him for award of the BSM.

	a.  The criteria for the BSM were more subjective than those for the AM and it is unclear whether the award would have been approved.  Notwithstanding this ambiguity, the record shows his commander wrote unqualified praise of his service, noting his performance of duty was far beyond that expected of his grade and his tactical knowledge was invaluable to his unit.  It appears this recommendation, along with the AM recommendation, was placed in his file without being processed to completion sometime after it became clear his injuries would prevent his return to Vietnam.

	b.  While we cannot know what decision the approval authority would have made at the time, it is reasonable to presume the company commander's experience led him to believe the service described in the recommendation warranted award of the BSM and that such a recommendation would normally be approved.  Further, experience shows it is likely the approval authority would have awarded the BSM to a high-performing Soldier who had been evacuated from Vietnam due to wounds received as a result of hostile action.  In view of the foregoing, it would be appropriate to award him the BSM for his meritorious service during the period March to July 1969 and correct his DD Form 214 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:

	a.  awarding him the:

* BSM for meritorious service from March to July 1968
* AM for meritorious service from March to July 1968
* AGCM (1st Award) based on completion of a qualifying period of active Federal service from 28 September 1967 to 12 March 1969
* CIB effective 21 July 1968

	b.  deleting the VSM from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* BSM
* Purple Heart
* AM
* AGCM (1st Award)
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* CIB



      ____________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)                                         AR20110019778



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019778



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1