IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110020431


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 following awards:

* Purple Heart from the Republic of Vietnam (RVN) in 1966
* the Combat Infantryman Badge with Star (2nd Award) for the Dominican Republic (DR) and RVN
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal

2.  The applicant states, in effect, he served in combat in the DR and in the RVN.

3.  The applicant provides:

* his DD Form 214
* orders awarding him the Purple Heart for wounds received on 2 April 1966

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 served as a Regular Army airborne infantryman from 3 October 1963 through 3 January 1967.  His DD Form 214 shows he was awarded:

* Purple Heart
* "Vietnam Service Medal w/Device 1960"
* National Defense Service Medal
* "Parachute Badge"
* "Sharpshooter (Rifle) Badge"
* Vietnam Service Medal
* "Combat Infantry Badge"
* Armed Forces Expeditionary Medal

3.  His DD Form 214 also shows he was wounded twice:  "lower abdomen due to small arms fire" and "gunshot wound right thigh."  It shows he was retired by reason of temporary disability rated at 80-percent disabling.

4.  His DA Form 20 (Enlisted Qualification record) shows:

* he served with the 325th Infantry Regiment, Fort Bragg, NC, from on or about 7 March 1964 to on or about 17 January 1966
* he deployed to the DR on or about 29 April 1965 and was wounded on 5 May 1965 and subsequently awarded –

* the Purple Heart by General Orders Number 87, Headquarters, 82nd Airborne Division, dated 19 May 1965
* the Combat Infantryman Badge by Special Orders Number 150, Headquarters, 82nd Airborne Division, dated 1 July 1965

* he was assigned to the RVN on or about 17 January 1966 for duty with Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division
* he was seriously wounded in action on 2 April 1966 and was medically evacuated to William Beaumont General Hospital, El Paso, TX
* he was authorized the following awards by Army Regulation 672-5-1 (Military Awards) –

* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)

5.  His DA Form 20 also shows he received uniformly "excellent" conduct and efficiency ratings during his entire military service and had no lost time and he was never reduced in grade.

6.  The applicant provides General Orders Number 956, Headquarters, 1st Cavalry Division, RVN, dated 10 April 1966, awarding him the Purple Heart for wounds received in action against the enemy on 2 April 1966.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited RVN campaign.  The applicant served in one campaign.

	b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

	c.  A separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of four conflicts (qualifying periods):

		(1)  World War II (7 December 1941 to 3 September 1945);

		(2)  Korean Conflict (27 June 1950 to 27 July 1953);

		(3)  Vietnam Conflict (which includes service in Vietnam (2 March 1961 to 28 March 1973 and qualifying service in Laos (19 April 1961 to 6 October 1962)), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (4 January 1969 to 31 March 1994), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991); and

		(4)  Global War on Terrorism (which includes Afghanistan, Operation Enduring Freedom; and Iraq, Operation Iraqi Freedom).

	d.  Subsequent awards of the Combat Infantryman Badge are not authorized for the same qualifying period.  It is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all of these areas.

	e.  In accordance with award regulations in effect at the time, 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.  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.

	e.  The following is the correct name for various awards and badges received by the applicant:

* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 56, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show:

* two awards of the Purple Heart
* two awards of the Combat Infantryman Badge
* the Army Good Conduct Medal
* the Republic of Vietnam Campaign Medal with Device (1960)

2.  The applicant's records confirm he was twice wounded in action.  He was wounded in the DR on 5 May 1965 and he was wounded in the RVN on 2 April 1966.  His DD Form 214 only shows one award of the Purple Heart.  It should be corrected to show the Purple Heart (2nd Award).

3.  The applicant served in combat as an infantryman in the DR for which he received the Combat Infantryman Badge.  Then he served in combat in Vietnam as an infantryman.  However, the Vietnam Conflict and the DR action are considered as the same qualifying period, thus a second award cannot be approved.

4.  The applicant had "excellent" conduct and efficiency ratings with no indiscipline during his service.  He should be awarded the Army Good Conduct Medal (1st Award) for the period 3 October 1963 through 2 October 1966 and it should be added to his DD Form 214.

5.  The applicant was awarded the Vietnam Service Medal.  He is entitled to one bronze service star for this medal.

6.  The applicant's unit, 1st Battalion, 12th Cavalry, was awarded the RVN Gallantry Cross with Palm Unit Citation during his assignment.  This foreign unit award should be added to his DD Form 214.

7.  Finally, the applicant's DD Form 214 should be corrected as follows:

* change "Vietnam Service Medal w/Device 1960" to RVN Campaign Medal with Device (1960)
* change "Parachute Badge" to Parachutist Badge
* change "Sharpshooter (Rifle) Badge" to Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 3 October 1963 to 2 October 1966





* deleting the following awards from his DD Form 214 –

* Vietnam Service Medal
* "Vietnam Service Medal w/Device 1960"
* "Parachute Badge"
* "Sharpshooter (Rifle) Badge"

* adding the following awards to his DD Form 214 –

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with bronze service star
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 award of a second Combat Infantryman Badge.



      _____________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)                                         AR20110020431



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ABCMR Record of Proceedings (cont)                                         AR20110020431



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