BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120007949 


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 the Vietnam Service Medal (VSM), Combat Service Medal (taken to mean the Combat Infantryman Badge (CIB)), the Southwest Asia Service Medal (SWASM), and, in effect, the Purple Heart.

2.  The applicant states he was injured in a mortar attack during his tour in Vietnam in the 1971-1972 timeframe.

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 record shows he enlisted in the Regular Army on 27 August 1970.  He was awarded military occupational specialty (MOS) 71B (Clerk Typist).

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

	a.  item 38 (Record of Assignments) that during his tour of duty in the RVN he performed:

* unidentified duties while assigned to the General Staff Company from
25 October 1971 to 2 March 1972
* duties as a personnel records specialist while he was assigned to the 516th Personnel Service Company from 3 March 1972 to 16 March 1972
* duties as a motor transport operator while assigned to the 57th Transportation Battalion from 17 March 1972 to 20 April 1972
* duties as a light weapons infantryman while assigned to Company E,
50th Infantry from 21 April 1972 to 13 June 1972

	b.  item 40 (Wounds) no entry (blank).

	c.  item 41 (Awards and Decorations) he was authorized or awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  On 21 December 1972, he was discharged from the Army.  He completed
2 years, 1 month, and 21 days of total active service.  The highest rank/grade he held during his active duty service was private first class (PFC)/E-3; however, at the time of his separation he held the rank/grade of private (PV2)/E-2.  The
DD Form 214 he was issued only shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  There is no evidence of record that shows he was ever awarded an infantry MOS by orders.

6.  His record is also void of any orders or other documents that indicate he was ever recommended for or awarded the CIB or awarded the Purple Heart by proper authority.

7.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name listed as a casualty.
8.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart or the CIB pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, and unit decorations.  It states:

	a.  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.

	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.  During the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  It further states that combat service alone is not a sufficient basis to support award of the CIB.

	c.  The SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.

	d.  The VSM is awarded to all members of the Armed Forces of the United States serving in Vietnam after 3 July 1965 through 28 March 1973.  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, the applicant participated in the following three campaigns:

* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the 516th Personnel Service Company was cited for award of the Meritorious Unit Commendation for the period 1 May 1971 through 27 August 1972 by Department of the Army General Orders (DAGO) Number 52, dated 1974.

11.  This pamphlet further states in paragraph 6d that DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to support the applicant's contention he was injured in a mortar attack during his service in Vietnam.  His DA Form 20 does not show he was wounded in action, his name is not listed on the Vietnam casualty listing, and there are no orders in ADCARS for the Purple Heart pertaining to the applicant.  As such, in the absence of evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, and that the medical treatment was made a matter of official record, there is an insufficient evidentiary basis for awarding him the Purple Heart in this case.

2.  To be entitled to award of the CIB, the evidence must show that an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.  Although the applicant's record shows he was assigned to an infantry unit and performed the principle duties as a light weapons infantryman, there is no evidence and he did not provide any that shows he was awarded an infantry MOS.  Therefore, he does not meet the eligibility criteria for award of the CIB.

3.  The applicant did not serve during a qualifying period of service for entitlement to the SWASM.  Therefore, there is no basis for granting this portion of his request.

4.  He was awarded the VSM as shown on his DA Form 20.  Evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the VSM with three bronze service stars.

5.  He served during a qualifying period of service for award of the RVN Campaign Medal with Device (1960) as shown on his DA Form 20.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

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 adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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, Combat Infantryman Badge, and the Southwest Asia Service Medal.



      _________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)                                         AR20120007949



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ABCMR Record of Proceedings (cont)                                         AR20120007949



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