IN THE CASE OF:	  

		BOARD DATE:  22 May 2012

		DOCKET NUMBER:  AR20110022518 


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, Bronze Star Medal, Combat Infantryman Badge, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states paperwork was initiated at battalion level for a wound he received on 9 December 1968.  He provided letters from his former platoon leader, company commander, and medic and further states the awards should be reflected in the interest of justice.

3.  The applicant provides:

* DD Form 214
* 2 pages of a roster of names
* 2 letters of support

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 enlisted in the Regular Army on 30 October 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 26 June 1968 through 22 December 1969, where he was further assigned to Company A, 1st Battalion, 327th Infantry Regiment.  The highest rank/grade he attained during this period of service was sergeant (SGT)/E-5.  

3.  On 17 March 1970, he was honorably released from active duty due to hardship and transferred to the U.S. Army Reserve Control Group (Reinforcement).  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 
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal 
* Army Commendation Medal
* Parachute Badge

4.  His record contains Special Orders Number 24, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, dated 24 January 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  His record contains Special Orders Number 63, issued by Headquarters,      3d Advanced Individual Training Brigade, U.S. Army Training Center, Fort Gordon, GA, dated 27 March 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "MF wounds hands and back," indicating he sustained multiple fragment wounds to his hands and back.  The date listed is 9 February 1970.

7.  The applicant's official military personnel file contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  
8.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on this roster.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between    1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart, Bronze Star Medal, or Combat Infantryman Badge.

10.  The Purple Heart, Bronze Star Medal, and Combat Infantryman Badge are not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the Purple Heart, Bronze Star Medal, or Combat Infantryman Badge during his active duty tenure.

11.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal.  

12.  The applicant provides a letter from his company medic and his platoon leader requesting correction of his record to show award of the Purple Heart for combat wounds sustained on 9 December 1968 in the Republic of Vietnam.  The former medic states the applicant received a 3-inch cut on his forehead from a rocket propelled grenade blast, was treated with a pressure dressing, and was later evacuated to the rear where he received 14 stitches to close the head wound.  A second letter provided by the applicant requests the Combat Infantryman Badge, Bronze Star Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214 and is authenticated by his former platoon leaders and company commander.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 states 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.  

16.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to Company A, 1st Battalion, 327th Infantry Regiment, his unit was cited for the:

   a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of the Army General Order (DAGO) Number 48, dated 1971.

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period         19 July 1968 through 14 May 1969 by DAGO Number 43, dated 1970.

18.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is 
credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following six campaigns:
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive 
* Vietnam Summer - Fall 1969 
* Vietnam Winter - Spring 1970 



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show award of the Purple Heart, Bronze Star Medal, Combat Infantryman Badge, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was carefully considered and found to have partial merit.  

2.  His record is void of any orders or other documents which indicate he was awarded the Purple Heart by proper authority while serving on active duty.  Additionally, a review of the ADCARS database failed to reveal any orders for the Purple Heart pertaining to him and his name does not appear on the Vietnam casualty roster.

3.  There is no medical evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.

4.  The applicant’s DA Form 20 contains an annotation which states he sustained multiple fragment wounds to his hands and back on 9 February 1970.  However, this time period coincides with his assignment in the Continental United States not while he was in the Republic of Vietnam.  In addition, the statements provided by his former medic reference an unsubstantiated head wound.  Notwithstanding the applicant and his colleague’s sincerity, in the absence of additional documentation which conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that the treatment was made a matter of official record.  Regrettably, there is insufficient evidence for awarding him the Purple Heart.

5.  The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded either the Bronze Star Medal or the Combat Infantryman Badge by proper authority while serving on active duty.  Additionally, a review of the ADCARS database failed to reveal any orders for either the Bronze Star Medal or the Combat Infantryman Badge pertaining to the applicant.

6.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

7.  Although the evidence of record shows the applicant served in an infantry specialty in an infantry unit during the period 26 June 1968 through 22 December 1969, his record is devoid of any evidence and he has failed to provide any evidence that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

8.  Accordingly, there is insufficient evidence on which to base adding the Bronze Star Medal or the Combat Infantryman Badge to his DD Form 214.

9.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

10.  The applicant received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is eligible for the first award of the Army Good Conduct Medal for the period 30 October 1967 through 17 March 1970 and correction of his DD Form 214 to show this award.

11.  While the applicant was assigned to his unit, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

12.  Records show the applicant participated in six campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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:

	a.  awarding the applicant the Good Conduct Medal (first award) for the period 30 October 1967 to 17 March 1970; 

	b.  adding the following awards to item 24 of the applicant's DD Form 214:

      (1)  the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14);

		(2)  the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16);

		(3)  the Army Good Conduct Medal (1st Award);

		(4)  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

		(5)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

		(6)  one silver and one bronze service star to be affixed to his previously-awarded Vietnam Service Medal.

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 award of the Purple Heart, Bronze Star Medal, and the 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)                                         AR20110022518



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ABCMR Record of Proceedings (cont)                                         AR20110022518



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