IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009729 


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 that his Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 27 March 1969.

2.  The applicant states, in effect, he was discharged just prior to the posting of the orders for the Purple Heart.

3.  The applicant provides a portion of the orders awarding him the Purple Heart.

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.  He was inducted into the Army of the United States on 21 June 1967.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He was assigned to Company D, 6th Battalion, 31st Infantry, 9th Infantry Division in the Republic of Vietnam from 5 June 1968 to 4 February 1969.

4.  Headquarters, 9th Infantry Division General Orders Number 1629, dated 
12 February 1969, awarded him the Army Commendation Medal with "V" Device. These orders read in part "When his platoon came under intense fire from a well entrenched enemy force, [the applicant] courageously exposed himself to the fusillade to effectively engage the hostile Soldiers, aiding greatly in his unit's quickly routing them."

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) indicates he received a metal fragment wound to his left rib cage on 12 January 1969.  The DA Form 20 is a record of his military history and it contains an entry for wounds received in action.  The DA Form 20 is a source document for completion of the DD Form 214.  

6.  His DA Form 20 shows he was assigned to the U.S. Army Hospital at Fort Gordon, GA on 5 February 1969.

7.  The partial orders he provided awarded him and other Soldiers the Purple Heart for wounds received in action in January (no date or year is indicated).  The orders did not include the order issuing authority, order number, or the date of the orders.  A note at the top of the page is signed by the hospital commander. It appears these orders may have been issued by the hospital commander.

8.  On 27 March 1969, the applicant was released from active duty.  He completed 1 year, 9 months, and 7 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* One Overseas Service Bar

9.  The applicant's name is listed on the Vietnam Casualty Listing.  The listing shows his casualty status as hostile, wounded in action, not serious, hospitalized. The listing indicates the date of casualty as 12 January 1969.
10.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed awards given to Army forces in Vietnam. 

   a.  The criteria for award of the Combat Infantryman Badge identified the men who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge was not an award for being shot at or for undergoing the hazards of day to day combat.”  The Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who had an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

   b.  The authority to award the Purple Heart was delegated to hospital commanders.  All personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the time of the applicant’s assignment to the 6th Battalion, 
31st Infantry the unit was awarded the:

(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the 
periods 1 December 1966 - 30 June 1968, 1 July - 13 November 1968, and January - June 1969; and

       (2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969.

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although wear of multiple awards of the unit citation is not authorized, official military personnel and historical records will list all awards received.

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

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

	b.  Based on his dates of service in Vietnam, table B-1 shows he participated in the:

* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 	1968) 
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 
	1 November 1968) 
* Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 
	22 February 1969)

14.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

15.  Army Regulation 672-5-1 (Military Awards), then in effect, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards.

	a.  The Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was each 3 years but, as little as one year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service. 

	b.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

   c.  The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services was wounded or died as a result of 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, required treatment by a medical officer, and the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The partial orders he provided appear to have been issued by a hospital commander.  The date listed in item 40 of his DA Form 20 coincides with the date he was listed as a casualty on the Vietnam Casualty Listing.  The Vietnam Casualty Listing indicates he was wounded by hostile action.  The available evidence is sufficient to show he was awarded the Purple Heart.  Therefore this award should be added to his DD Form 214.

2.  Orders show he was awarded the Army Commendation Medal with "V" Device.  Therefore, it would be appropriate to add this award to his DD Form 214.

3.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant should be awarded the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 21 June 1967 to 27 March 1969 ending with termination of a period of Federal military service.

4.  He held an infantry MOS and was assigned to an infantry company in an infantry regiment during his service in the Republic of Vietnam.  The citation in his orders for the Army Commendation Medal with "V" Device specifically cites his heroic actions while he was engaged with hostile soldiers.  In addition, he was later wounded in action.  This evidence is sufficient to award him the Combat Infantryman Badge and include it on his DD Form 214.

5.  He is authorized three bronze service stars to be worn on his Vietnam Service Medal.

6.  Based on his service in the Republic of Vietnam with the 6th Battalion, 31st Infantry he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


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:

* Army Good Conduct Medal (1st Award) for the period of service         21 June 1967 to 27 March 1969
* Combat Infantryman Badge effective 8 December 1968

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the following awards:

* Purple Heart
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
   (3 Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120009729



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ABCMR Record of Proceedings (cont)                                         AR20120009729



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