IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20110021938 


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 awards of the Bronze Star Medal, Combat Infantryman Badge, and Purple Heart.

2.  The applicant states he is providing orders that show he was awarded the Bronze Star Medal.  He was awarded the Combat Infantryman Badge prior to receiving the Bronze Star Medal.  He was injured in a firefight in Vietnam on 2 March 1972.

3.  The applicant provides his DD Form 214, orders, and two pages of photographs.

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's records show he was inducted into the Army of the United States on 4 March 1971 and he held military occupational specialty 11C (Indirect Fire Infantryman).  He served in Vietnam from 1 August 1971 to 15 April 1972 while assigned to the 4th Battalion, 31st Infantry, 196th Infantry Brigade.

3.  General Orders Number 01071, dated 2 March 1972, issued by Headquarters, 196th Infantry Brigade, awarded him the Bronze Star Medal for meritorious service from 1 August 1971 to 1 March 1972.

4.  He was honorably released from active duty on 17 April 1972 and transferred to the U.S. Army Reserve.  He completed 1 year, 1 month, and 2 days of creditable active service with no time lost.

5.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device 1960.  

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries and item 41 (Awards and Decorations) does not show the Combat Infantryman Badge or the Purple Heart.

7.  There are no orders in his records showing award of the Combat Infantryman Badge or the Purple Heart.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general and/or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Combat Infantryman Badge or the Purple Heart pertaining to the applicant.

9.  A review of The Adjutant General's Casualty Division's Vietnam casualty listing failed to show his name as a casualty.

10.  There is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status.

11.  The applicant provides two pages of photographs that show several Soldiers in different settings that appear to have been taken in Vietnam.  He labeled two of the photographs with his name.

12.  A review of his record indicates entitlement to additional awards.

13.  Item 29 (Qualification in Arms) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Mortar Bar.

14.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

15.  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.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 4th Battalion, 31st Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through October 1971 by Department of the Army General Orders Number 6, dated 1974.

17.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 - 28 January 1973)

18.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge is awarded to infantry officers, 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.

19.  Army Regulation 600-8-22 provides, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served honorably from 4 March 1971 through 17 April 1972.  He served in Vietnam, was awarded a Bronze Star Medal, and received "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

3.  His record confirms he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Mortar Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  General orders awarded the applicant's unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show this unit awards.

5.  His record confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

6.  With respect to the Combat Infantryman Badge, there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

7.  While the applicant's service in Vietnam in an infantry MOS and an infantry unit is not in question, there is no evidence in his records and he did not provide any conclusive evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
8.  In the absence of documentary evidence that conclusively shows he actively participated in ground combat, regrettably, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

9.  With respect to the Purple Heart, the criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

10.  There is no evidence in the applicant’s records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.  In the absence of documentary evidence there is no basis for granting his request for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  _  __X _     GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 exemplary behavior, efficiency, and fidelity during the period 4 March 1971 through 17 April 1972
* deleting the Vietnam Service Medal from his DD Form 214 and adding the: 

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three bronze service stars

2.  The Board further determined that 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 awards of the Combat Infantryman Badge and the Purple Heart.



      __________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)                                         AR20110021938





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ABCMR Record of Proceedings (cont)                                         AR20110021938



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