IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009808 


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 Combat Infantryman Badge.

2.  The applicant states he served as an infantryman in the Republic of Vietnam (RVN).  In May 1968, he was assigned to Company A, 2nd Battalion, 502nd Infantry, 1st Brigade, 101st Airborne Division.

	a.  He was wounded in a firefight, but he was not awarded the Purple Heart for his wounds nor did he receive the Combat Infantryman Badge while he was serving on active duty.  However, he received the awards after he was separated from the Army.

	b.  Correction of his DD Form 214 to show the awards will allow him to obtain medical care and compensation from the Department of Veterans Affairs.

3.  The applicant provides a copy of a Daily Staff Journal and two email messages.

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 enlisted in the Regular Army on 27 June 1966 for a period of 3 years.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, 2nd Basic Combat Training Brigade, U.S. Army Training Center (USATC), Infantry, Fort Dix, NJ, Special Orders Number 167, dated 8 August 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, 3rd Training Brigade (Infantry), USATC, Fort Gordon, GA, Special Orders Number 178, dated 31 October 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar 
(M-16).

5.  Headquarters, 3rd Training Brigade (Infantry), USATC, Fort Gordon, GA, Special Orders Number 191, dated 16 November 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  Headquarters, 101st Airborne Division (RVN), Special Orders Number 284, dated 29 December 1967, reassigned the applicant to Company A, 3rd Battalion (Airborne), 187th Infantry, effective 26 December 1967.

7.  Headquarters, 101st Airborne Division (RVN), Special Orders Number 17, dated 17 January 1968, reassigned the applicant to Company E, 3rd Battalion (Airborne), 187th Infantry, effective 24 January 1968.

8.  Two DA Forms 8-275-3 (Clinical Record Cover Sheets) show the applicant sustained a gunshot wound to his left arm on 12 May 1968; he was injured as a result of hostile action near A Shau Valley, RVN; and the Purple Heart was not awarded at the hospital.

9.  Headquarters, 101st Airborne Division, General Orders Number 5536, dated 6 September 1968, awarded the applicant the Army Commendation Medal for meritorious achievement in the RVN from 1 March to 31 July 1968.

10.  Headquarters, 101st Airborne Division, General Orders Number 10969, dated 20 December 1968, awarded the applicant the Air Medal for meritorious achievement in the RVN on 4 August 1968.

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

	a.  item 31 (Foreign Service):  15 December 1967 through 13 December 1968 (no overseas command or country shown);

	b.  item 38 (Record of Assignments):  duty MOS 11B assigned to Company A, 2nd Battalion (Airborne), 502nd Infantry, from 8 April through 9 December 1968;

	c.  item 40 (Wounds):  gunshot wound, left shoulder (no date); and

12.  The applicant's DD Form 214 shows he was honorably released from active duty on 22 December 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 3 years of net active service that included 11 months and 29 days of foreign service.

	b.  He was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Army Commendation Medal
13.  In support of his application, the applicant provides the following documents:

	a.  A DA Form 1594 (Daily Staff Journal or Duty Officer's Log), Headquarters, 2nd Battalion, 502nd Infantry, 1st Brigade, 101st Airborne Division, dated 12 May 1968, shows at 0120 hours, "gunships overshot target for A Company, went into position, wounding US personnel."

	b.  An email message from E____ T____, dated 14 April 2012, states he served with the applicant in Company A, 2nd Battalion, 502nd Infantry, 1st Brigade, 101st Airborne Division (RVN).  In May 1968, the applicant was shot by an AK47 rifle during a nighttime engagement with the North Vietnamese Army.  Despite this, the applicant continued to assist him by feeding ammunition into his M-60 machine gun and the applicant was medically evacuated to the hospital the next day.

	c.  An email message from J____ T. M____, dated 17 April 2012, states he served with the applicant in Company A, 2nd Battalion, 502nd Infantry, 1st Brigade, 101st Airborne Division (RVN).  He was hospitalized in Japan when the applicant was wounded and cannot offer anything more on the incident.  However, he describes two incidents (no dates provided) when their unit came under hostile fire and they engaged the enemy.  He further states he was awarded the Combat Infantryman Badge for his action during the incidents.

14.  A review of the applicant's military personnel records failed to reveal any evidence he was awarded the Purple Heart or the Combat Infantryman Badge.

15.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty on 12 May 1968, under casualty status code "23" (wounded in action, not serious, hospitalized).

16.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the Purple Heart.

17.  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:

	a.  Company E, 3rd Battalion (Airborne), 187th Infantry, the battalion was awarded the Valorous Unit Award for the period 16 to 22 March 1968 and the Meritorious Unit Commendation for the period 14 March to 3 October 1968 by Department of the Army General Orders (DAGO) Number 22, dated 1976; and

	b.  Company A, 2nd Battalion (Airborne), 502nd Infantry, the battalion was awarded the:

* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by DAGO Number 43, dated 1970, as amended by DAGO Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971

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

	a.  The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	b.  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.  A silver service star may be worn in lieu of five bronze service stars.

		(2)  Table B-1 contains a list of Vietnam Conflict campaigns and shows participation credit was awarded for the following pertinent campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
	c.  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.

	d.  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 Combat Infantryman Badge.

2.  The evidence of record shows the applicant was injured as a result of hostile action in the RVN when he sustained a gunshot wound to his left arm on 12 May 1968.  In addition, the Vietnam casualty roster confirms he was wounded in action.

	a.  Records show the Purple Heart was not awarded to the applicant while he was in the hospital and there are no general orders showing he was awarded the Purple Heart.

	b.  Thus, it appears the applicant was not awarded the Purple Heart for wounds he received on 12 May 1968 due to an administrative error.

	c.  Therefore, it would be appropriate to award him the Purple Heart and to correct his records to show award of this award.

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.  However, the evidence of record shows the applicant was awarded MOS 11B and he served in duty MOS 11B as a light weapons infantryman in the RVN while assigned to Company A, 2nd Battalion (Airborne), 502nd Infantry, from 8 April through 9 December 1968.

	b.  He was wounded in action against a hostile force in the RVN on 12 May 1968.

	c.  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 participated in five campaigns during his service in Vietnam.  Thus, he is entitled to one silver 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.  general orders awarded the applicant the Air Medal;

	d.  general orders awarded the applicant's unit the:

* Valorous Unit Award
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

	e.  special orders awarded the applicant the:

* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 the evidence presented is 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 the applicant the Purple Heart for wounds received in connection with military operations in the Republic of Vietnam on 12 May 1968 (standard name line:  PFC  Company A, 2nd Battalion (Airborne), 502nd Infantry, 101st Airborne Division, U.S. Army Vietnam);
	b.  awarding him the Combat Infantryman Badge effective 12 May 1968 (same standard name line as above);

	c.  deleting award of the Vietnam Service Medal from his DD Form 214; and

	d.  adding the following awards to his DD Form 214:

* Purple Heart
* Air Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      _____________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)                                         AR20120009808



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ABCMR Record of Proceedings (cont)                                         AR20120009808



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