IN THE CASE OF:	  

		BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120008484 


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.

2.  The applicant states, in effect, he served in the Republic of Vietnam (RVN) and was initially assigned to the 2nd Battalion, 8th Infantry, 4th Infantry Division, as a machine gunner/driver of an M113 Armored Personnel Carrier.  He was then reassigned and served as an infantryman with Company D, 3rd Platoon, 196th Light Infantry, 23rd Infantry Division.  On 24 December 1970, he was wounded in action during a firefight in the I Corps, 196th Brigade area of operations at grid coordinate 804296.  He initially suffered a gunshot wound to his left leg.  He was later hit by grenade shrapnel in the left buttock and wounded again in the left leg.  He was medically retired due to his injuries.  The DD Form 214 he was issued did not show the Purple Heart or Combat Infantryman Badge.  He was told his record would be corrected to show the awards, but this never happened.

3.  The applicant provides a copy of a telegram, operational report, medical records/board proceedings, and 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 was inducted into the Army of the United States on 18 August 1969.  He was awarded military occupational specialty (MOS) 11E (Armor Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service):  Vietnam from 28 July 1970 through 5 January 1971;

	b.  item 38 (Record of Assignments):

* duty MOS 11E (Assistant Driver/Gunner) - Headquarters and Headquarters Company (HHC), 2nd Battalion, 8th Infantry, 4th Infantry Division, from 11 August through 4 November 1970
* student account - 23rd Administration Replacement Detachment, from 5 to 7 November 1970
* duty MOS 11B (Rifleman) - Company D, 2nd Battalion, 1st Infantry,
196th Infantry Brigade, from 8 November through 27 December 1970
* patient - Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan, from 28 December 1970 through 2 January 1971

   c.  item 40 (Wounds):  rifle (wound), left and right leg; grenade schrapnel, back - 24 December 1970; and

	d.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
(per Headquarters, Fort Polk, LA, Special Orders Number 246, dated
   8 October 1969)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar


4.  Headquarters, 4th Infantry Division, Special Orders Number 291, dated
18 October 1970, reassigned the applicant from HHC, 2nd Battalion, 8th Infantry, to the 101st Adjutant General Administration Company, 101st Airborne Division, on 26 October 1970.  The orders show his primary MOS was 11E1O.

5.  Headquarters, Americal Division, Special Order Number 311, dated
7 November 1970, reassigned the applicant from the Replacement Detachment, 23rd Administration Company, to Company D, 2nd Battalion, 1st Infantry, on
8 November 1970.  The orders show his primary MOS was 11B1O.

6.  U.S. Army Vietnam message, date-time-group 250803Z December 1970, reported that the applicant sustained a gunshot wound to both legs when he received hostile small arms fire while on a search and clear mission at grid coordinate 804296 near Quang Tin, RVN.

7.  Headquarters, 23rd Infantry Division, General Orders Number 517, dated
13 January 1971, awarded the applicant the Purple Heart for wounds received on 24 December 1970 in the RVN.  (At the time his rank was private first class (PFC).

8.   A DD Form 214 shows the applicant was honorably retired from active duty on 20 July 1971 and placed on the temporary disability retired list (TDRL).

	a.  He had completed 1 year, 11 months, and 3 days of net active service that included 5 months and 8 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal

9.  In support of his application, the applicant provides the following documents:

   a.  Western Union Telegram, dated 26 December 1970, that notified the applicant's parent's that the applicant was wounded in action on 24 December 1970 by small arms fire while on a combat operation in the RVN;

   b.  page 20 of a 23rd Infantry Division Operational Report for the period ending 30 April 1971 that shows, in part, Company D, 2nd Battalion, 1st Infantry, engaged an unknown size enemy force and sustained four U.S. wounded in action with an unknown number of enemy casualties;
   
   c.  one page of his Physical Evaluation Board (PEB) proceedings that show the board convened on 5 May 1971 and the PEB:

* found him physically unfit
* recommended a combined rating of 70%
* placed him on the TDRL with reexamination in May 1972

   d.  Narrative Summary for TDRL Evaluation, dated 5 June 1972, that shows the applicant's condition had not changed significantly and it was recommended that he be referred to a PEB for permanent retirement.
   
   e.  Medical Board Proceedings, dated 21 July 1977, that shows the applicant was found medically unfit for further military service and permanently retired.
   
10.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown in his records.

11.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LS, Special Orders Number 231, dated 22 September 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

12.  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 at the time of the applicant's assignment to Headquarters and Headquarters Company, 2nd Battalion,
8th Infantry, 4th Infantry Division, the battalion was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 by Department of the Army General Orders Number 52 (1971).

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

    	(1)  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	 	(2)  Table B-1 contains a list of Vietnam Conflict campaigns and it shows (in pertinent part) the following campaign:  Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971).

	b.  The RVN Campaign Medal with Device (1960) 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.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal are also entitled to award of the RVN Campaign Medal with Device (1960), if they served for less than six months, but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

	c.  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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.
During the Vietnam era, announcement of award of the Combat Infantryman Badge was made in unit special orders.

DISCUSSION AND CONCLUSIONS:

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

2.  General orders awarded the applicant the Purple Heart for wounds received in the RVN on 24 December 1970.  Therefore, it would be appropriate to correct his DD Form 214 to show the Purple Heart.

3.  The applicant's request for award of the Combat Infantryman Badge was carefully considered.

   a.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.

   b.  The evidence of record shows the applicant was initially awarded PMOS 11E and that he served in the MOS in the RVN for approximately three months. However, he was reassigned to the Student Account, 23rd Administration Replacement Detachment on 26 October 1970 and subsequently reassigned to Company D, 2nd Battalion, 1st Infantry, on 8 November 1970.  The orders show his PMOS as 11B1O.

   c.  Records show he served in duty MOS 11B as a rifleman in the RVN while assigned to Company D, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, from 8 November through 27 December 1970.

   d.  Based on the evidence of record, it is reasonable to conclude that the applicant was retrained and reclassified into PMOS 11B, and then reassigned to perform duties in MOS 11B.

   e.  He was awarded the Purple Heart for wounds received in action against a hostile force in the RVN on 24 December 1970 when he came under hostile small arms fire while on a search and clear mission.

	f.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to correct the applicant's records by awarding him the Combat Infantryman Badge.

4.  The evidence of record shows:

   a.  the applicant qualified for award of the Vietnam Service Medal and he served in one campaign during his service in Vietnam.  Thus, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal;

   b.  the applicant qualified for award of the RVN Campaign Medal with Device (1960);

   c.  special orders awarded the applicant the:
   
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

   d.  general orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.


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 24 December 1970 (Standard Name Line:  PFC, Company D, 2nd Battalion, 1st Infantry,
196th Infantry Brigade, U.S. Army Vietnam);

   b.  deleting from item 24 of his DD Form 214 the "VSM"; and

	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* RVN 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)                                         AR20120008484



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ABCMR Record of Proceedings (cont)                                         AR20120008484



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