IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110025063 


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 and the Combat Infantryman Badge for his service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that this medal and badge are missing from his DD Form 214.

3.  The applicant provides copies of his DD Form 214, page 3 of his DA Form 
20 (Enlisted Qualification Record), and a newspaper article reporting that he received the Purple Heart for being wounded in the RVN.

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 8 December 1965, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 44, Fort Gordon, Georgia, dated 25 March 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

4.  Special Orders Number 47, Fort Gordon, Georgia, dated 30 March 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.

5.  On 2 June 1966, the applicant departed Fort Gordon for duty in the RVN.

	a.  On 28 June 1966, he was assigned to Company B, 2nd Battalion, 327th Infantry Regiment with the duties of a rifleman.

	b.  On 8 August 1966, he was assigned to Company A in the same battalion.

6.  Casualty Message, date/time group 281456Z August 1966, reported the applicant received a gunshot wound in the abdomen and right knee due to small arms fire from the enemy while on a search and destroy operation.

7.  On or about 6 September 1966, the applicant departed the RVN as a patient.  He subsequently received medical treatment at the Great Lakes Naval Hospital and was discharged from active duty at Fort Carson, Colorado on 16 August 1967.

8.  The applicant's DD Form 214 lists his awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal with one bronze service star, and the Vietnam Campaign Medal.

9.  The Vietnam Casualty Roster reports that the applicant was wounded as a result of hostile action on 28 August 1966.

10.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) indicates the applicant received gunshot and fragment wounds to his abdomen and right knee on 28 August 1966.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

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

	a.  Provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  Provides that 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.

	c.  Appendix of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following two campaign periods: the Vietnam Counteroffensive and the Vietnam Counteroffensive, Phase II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 327th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 17, dated in 1968, as amended in 1969, for award of the Meritorious Unit Commendation; and in DAGO Number 21, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS: 

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and the Combat Infantryman Badge for his service in the RVN.

2.  There are no general orders available showing the applicant was awarded the Purple Heart.  However, the applicant's DA Form 20 and a copy of the casualty message clearly report he was wounded in action as a result of enemy action.  Furthermore, his name is listed on the Vietnam Casualty Roster indicating he received medical treatment for his wounds on 28 August 1966.  This evidence is further corroborated by the newspaper article provided by the applicant showing he was presented the Purple Heart.  Therefore, the applicant's DD Form 214 should be corrected to show award of the Purple Heart.

3.  The evidence clearly shows the applicant was awarded an infantry MOS and assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  The fact that he was wounded in action while on a search and destroy operation is sufficient proof that he engaged the enemy in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should be granted.

4.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Records show the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

7.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, his DD Form 214 should be corrected to show these badges.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 Combat Infantryman Badge, effective 28 August 1966;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star; and

	c.  showing in addition to the awards already listed on his DD Form 214 that his awards include:

* Purple Heart
* Meritorious Unit Commendation
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar



__________ _    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)                                         AR20110025063



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110025063



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1