IN THE CASE OF:	  

		BOARD DATE:	    5 July 2012

		DOCKET NUMBER:  AR20120001587 


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 award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show it as well as the Vietnam Campaign Medal and the Combat Infantryman Badge.

2.  The applicant states he held military occupational specialty 11B (Light Weapons Infantryman) and was directly involved in combat with hostile forces in Vietnam.  He was also injured in a landmine explosion in or about November 1970 near Con Thien.  He was informed that it is important to have these awards listed on his DD Form 214.

3.  The applicant provides his DD Form 214.

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 enlisted in the Regular Army on 17 March 1969 and he was trained in and held MOS 11B.  He served in Germany from 10 August 1969 to 23 July 1970.  He also served in Vietnam, with Troop A, 3rd Squadron, 5th Cavalry, 9th Infantry Division, from 24 August 1970 to 7 March 1971. 

3.  Special Orders (SO) Number 163, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, awarded him the Second Class (Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60).

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 8 March 1971.  He completed 1 year, 11 months, and 22 days of active service.  His DD Form 214 shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle bar (M-16)
* Vietnam Service Medal
* One overseas service bar
* Bronze Star Medal

5.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

6.  Nothing in six typical documents shows he was injured or wounded as a result of enemy action or that he was awarded the Purple Heart or the Combat Infantryman Badge: 

* Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat injury
* item 41 (Awards and Decorations) of this form does not list the Purple Heart or Combat Infantryman Badge
* His medical records are not available for review with this case
* His name is not shown on the Vietnam casualty roster
* There are no General Orders (GO) in his records that show he was awarded the Purple Heart or SO that show he was awarded the Combat Infantryman Badge
* A review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System, which is an index of GO issued during the Vietnam era between 1965 and 1973, failed to reveal any Purple Heart or Combat Infantryman Badge orders on file for him

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

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or 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.

	b.  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.  

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  

9.  A review of his service records reveals no derogatory information in his record.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. There is no derogatory information in his records. 

10.  Army Regulation 672-5-1 (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; for 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. 

11.  Army Regulation 600-8-22, 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, campaign participation credit was awarded for the: Vietnam Counteroffensive, Phase VII, 1 July 1970 to 30 June 1971.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 3rd Squadron, 5th Cavalry, in Vietnam, this unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 8 February to 30 April 1971, based on DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of service in Vietnam for award of the Republic of Vietnam Campaign Medal with "1960" Device (commonly referred to as the Vietnam Campaign Medal).  Therefore, he is entitled to correction of his DD Form 214 to show it. 

2.  He served honorably during the period 17 March 1969 through 8 March 1971.
He completed a combat tour of duty in Vietnam and he received multiple combat awards, including the Bronze Star Medal.  His record does not contain any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal and he received "excellent' conduct and efficiency ratings throughout his military service.  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 to correct his DD Form 214 to show this medal.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to a bronze service star to be affixed to his Vietnam Service Medal.

5.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any evidence shows he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster.  His service medical records are not available for review with this case.  

	c.  Notwithstanding the applicant's contention and sincerity, in the absence of documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  With respect to the Combat Infantryman Badge:

	a.  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.

	b.  The applicant's service in Vietnam in an infantry MOS is not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the Combat Infantryman Badge or that he was assigned to an infantry unit and was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

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 exemplary behavior, efficiency, and fidelity during the period 17 March 1969 through 8 March 1971
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* A bronze service star for his already-awarded Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 the Purple Heart 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)                                         AR20120001587



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ABCMR Record of Proceedings (cont)                                         AR20120001587



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