BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120019755 


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 award of the Combat Infantryman Badge.

2.  The applicant states that on 16 October 1969, while on the way to help a patrol that was pinned down, he was the M-60 machine gunner and the first to be hit in an ambush.  He was not awarded the Combat Infantryman Badge because he volunteered to be a door gunner with Company A, 25th Aviation; somewhere along the lines, this award was not awarded to him.

3.  The applicant provides a self-authored statement titled "Operation Kunia." 

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 records show he was inducted into the Army of the United States on 3 January 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders (SO) Number 32, issued by Headquarters, 2nd Basic Combat Training Brigade, Fort Dix, NJ, on 17 February 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 59, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, on 6 April 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 61, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, on 11 April 1967, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60). 

6.  His records show he served in Vietnam from on or about 2 June 1967 to on or about 28 May 1968.  He was assigned:

* As a rifleman to Company B, 1st Battalion, 35th Infantry, 25th Infantry Division, from on or about 10 June 1967 to on or about 15 July 1967
* As a patient to the 249th General Hospital from 15 July to 21 September 1967
* As a rifleman to Company D, 2nd Battalion, 14th Infantry, from 27 September to 26 December 1967
* As a field service crewman to Company B, 25th Aviation, from 27 December 1967 to 26 March 1968

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained two combat wounds:

* Gunshot wound to the left leg on 10 July 1967
* Gunshot wound to the right arm on 16 October 1967

8.  Army Regulation 600-200 (Enlisted Personnel Management System),
chapter 9, of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment 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.

9.  General Orders (GO) Number 4057, issued by Headquarters, 25th Infantry Division, on 17 October 1967, awarded him the Purple Heart for wounds received in action on 16 October 1967.

10.  Upon completion of his Vietnam tour, he was reassigned to Fort Benning, GA.  While there, on 16 August 1968, Headquarters, U.S. Army Infantry Center Troop Command published SO Number 192 awarding him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

11.  He was honorably released from active duty on 17 December 1968.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with 1960 Device
* Purple Heart
* Aircraft Crewman Badge
* Air Medal
* Army Good Conduct Medal (1st Award)
* One overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Army Commendation Medal

12.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge 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.  

13.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained while in action against and enemy or 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.  A Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.  

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with various units in Vietnam each of these units was cited for certain awards:
	a.  1st Battalion, 35th Infantry (10 June to 15 July 1967)

* Valorous Unit Award, for valor from 22 April to 20 August 1967, by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January 1966 to 1 August 1967 by DAGO Number 48, dated 1971

	b.  Company D, 2nd Battalion, 14th Infantry (27 September to 26 December 1967):

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from August 1966 to August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 20 April 1966 to 21 January 1970 by DAGO Number Number 51, dated 1971

	c.  Company B, 25th Aviation Battalion (27 December 1967 to 26 March 1968): 

* Meritorious Unit Commendation, for service from 1 January to 31 December 1968 by DAGO Number 36, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from March 1966 to August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 20 April 1966 to 21 January 1970 by DAGO Number Number 51, dated 1971

15.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

16.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded on two separate occasions in Vietnam as evidenced by the two entries shown on his DA Form 20.  He was awarded the Purple Heart for the 16 October 1967 wound but not for the 10 July 1967 wound. Therefore, he is entitled to a second award of the Purple Heart and correction of his DD Form 214 to show both awards. 

2.  The applicant held an infantry MOS and he served with an infantry unit in Vietnam when he was wounded on 10 July 1967 as evidenced by the entry on his DA Form 20.  It is reasonable to presume he was personally present and served in active ground combat while assigned to that infantry unit.  Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this badge.

3.  He served in Vietnam from on or about 2 June 1967 to on or about 28 May 1968, a period of 11 months and 27 days.  This should qualify him for two overseas service bars.  His DD Form 214 credited him with one overseas service bar.  He should be entitled to correction of his DD Form 214 to show two overseas service bars.

4.  GO awarded his units in Vietnam multiple unit awards.  He is entitled to correction of his DD Form 214 to show the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award), and Meritorious Unit Commendation. 

5.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.









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:

* awarding him the Purple Heart for wounds received in action on 10 July 1967
* awarding him the Combat Infantryman Badge for action on 10 July 1967
* deleting from his DD Form 214 the Purple Heart and one overseas service bar
* adding the following awards to his DD Form 214 –

* Purple Heart (2nd Award)
* Combat Infantryman Badge
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   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)                                         AR20120019755





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120019755



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1