BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120007680 


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 add the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

2.  The applicant states he never received the orders for the PH or the CIB.

3.  The applicant provides no additional evidence.

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 22 April 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

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

* Item 31 (Foreign Service) he served in Vietnam from 28 October 1969 to 16 March 1970 
* Item 38 (Record of Assignments) he was assigned to Company D, 3rd Battalion (Airborne), 503rd Infantry Regiment, 173rd Infantry Brigade, Vietnam, from 10 November 1969 to 12 March 1970
* Item 40 (Wounds) he received fragment wounds to his left leg and buttocks on 9 January 1970
* Item 41 (Awards and Decorations) he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  His record contains a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 13 March 1970.  This form shows he was assigned to Company D, 3rd Battalion (Airborne), 503rd Infantry Regiment, 173rd Infantry Brigade and states he received multiple fragment wounds to his left leg and buttocks during a firefight near Area of Operations Lacifer, Vietnam, on 13 March 1970.  Both wounds required surgery and were considered to be in the line of duty.  Additionally, this form shows he was transferred from the United States Army Hospital, Camp Zama, Japan to Martin Army Hospital, Fort Benning, GA.  The award of the PH was not awarded at Camp Zama.

5.  He was honorably released from active duty on 21 April 1971.  His DD Form 214 shows he completed 2 years of net active service of which, 5 months and 
16 days were credited as foreign service.  The form further shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Vietnam Service Medal with two bronze service stars
* Parachutist Badge
* Bronze Star Medal 

6.  Department of the Army Pamphlet 672-3 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service in Vietnam, his unit was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 October 1967 through 26 September 1970 by Department of the Army General of the Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1972 by DAGO Number 51, dated 1973

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

	a.  The PH is awarded for a wound sustained 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.

8.  A review of his service record shows he received nonjudicial punishment (NJP) for drinking on his post at Fort Carson on one occasion; however, there is no other derogatory information in the form of time lost or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal (AGCM) during the period 22 April 1969 through 21 April 1971.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There are also no entries in his record to indicate his commanders denied him award of the AGCM during this period of service.

9.  Army Regulation 672-5-1 (Military Awards) states the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received fragment wounds to his left leg and buttocks during a firefight in Vietnam on 13 March 1970.  Therefore he is entitled to award of the PH and correction of his DD Form 214 to show it. 

2.  The evidence of record shows he held an infantry MOS, and he was assigned to an infantry unit.  He was wounded in action while his infantry unit was engaging or being engaged by the enemy during combat operations in Vietnam.  As such, he met the criteria for award of the CIB and should be entitled to this badge and correction of his records to show it.

3.  The evidence of record shows he received the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  These badges were not listed on his 
DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO.  These unit awards are not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  He served honorably during the period 22 April 1969 through 21 April 1971 and he received all "excellent" conduct and efficiency rating throughout this period.  His records shows he received NJP on one occasion, for a minor infraction; however, there is no other derogatory information in the form of time lost or suspension of favorable personnel actions that would disqualify him for the first award of the AGCM.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

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:

* Purple Heart for wounds received in action on 13 March 1970
* Combat Infantryman Badge 
* Army Good Conduct Medal (1st Award) for the period 22 April 1969 through 21 April 1971

	b.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Grenade Bar 
* Sharpshooter Marksmanship Qualification Badge with 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)                                         AR20120007680





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ABCMR Record of Proceedings (cont)                                         AR20120007680



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