BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110023875 


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 Combat Infantryman Badge (CIB).

2.  The applicant states he fulfilled the eligibility requirements for the CIB, but never received the award.

3.  The applicant provides:

* DD Form 214
* SF 180 (Request Pertaining to Military Records)
* Department of Veterans Affairs (VA) and Original Disability Compensation letters
* Internet description of eligibility requirements for the CIB

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 was inducted into the Army of the United States on 5 May 1969. He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman.)

3.  He served in Vietnam from 5 November 1969 through 8 September 1970.  He was assigned to Headquarters and Headquarters Troop, 1st Squadron,
10th Cavalry, 4th Infantry Division.

4.  The applicant's record contains:

* An SF 600 (Health Record - Chronological Record of Medical Care) that indicates he sustained a shrapnel wound on the upper left chest on 
29 August 1970
* An SF 502 (Clinical Record - Narrative Summary) that indicates he sustained a fragment injury to the left peristernal area on 29 August 1970 and he was air-evacuated from the 249th General Hospital, Japan, to Great Lakes Naval Hospital, IL

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

* Item 38 (Record of Assignment) he was in a patient status from 8 September through 12 October 1970 and he received all "excellent" conduct and efficiency ratings throughout his service
* Item 40 (Wounds) the entry, "gunshot wound in chest" on 29 August 1970
* Item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60)

6.  General Orders Number 5703, issued by Headquarters, 4th Infantry Division, dated 9 November 1970, awarded him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 October 1970 through 9 November 1970.

7.  On 7 May 1971, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years of total active service.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  There are no orders in his military personnel records awarding him the CIB or the Purple Heart.

9.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

10.  He provides copies of letters from VA showing award of a 20 percent service-connected disability compensation for a shell fragment wound with retained metal foreign body in pericardium.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general or special 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 CIB or Purple Heart pertaining to the applicant.

12.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated 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 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.

13.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  The CIB 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.  

	c.  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 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:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

14.  USARV Regulation 672-1 governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that personnel possessing an infantry MOS in a cavalry platoon of an armored cavalry troop would be eligible for award of the CIB if other criteria were also met.

15.  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 Squadron, 10th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 14 November 1970 by Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was wounded as a result of hostile action in Vietnam on 29 August 1970, the injury was determined to be in the line of duty, he received medical treatment, and the treatment was made a matter of official record.  Although there are no general orders awarding him the Purple Heart, the evidence shows he is qualified for this award.  Therefore, he should be awarded the Purple Heart for wounds received as a result of hostile action on 29 August 1970 and his DD Form 214 should be corrected to show this award.

2.  There are also no orders awarding him the CIB; however, the evidence of record shows he sustained a shrapnel wound to the chest.  It appears he was wounded as a result of hostile action in Vietnam.  The evidence of record also shows he served in an infantry MOS and in a cavalry platoon during that time.  His eligibility for award of the Purple Heart is accepted as evidence that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.  Therefore, he should be awarded the CIB and his DD Form 214 should be corrected to show this award.

3.  The applicant received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  The applicant participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The evidence of record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

6.  General orders awarded him the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

7.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit 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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received as a result of hostile action on 29 August 1970;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 May 1969 through 4 May 1971;

	d.  awarding him the Combat Infantryman Badge effective 29 August 1970; and

	e.  adding to his DD Form 214 the:

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20110023875



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ABCMR Record of Proceedings (cont)                                         AR20110023875



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