IN THE CASE OF:	  

		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120021732 


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 he be awarded the Combat Infantryman Badge (CIB) and that his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was awarded the Purple Heart but never received orders for the CIB. 

3.  The applicant provides copies of his DD Form 214, Purple Heart orders, and a Western Union Telegram. 

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 on 12 October 1966.  He completed his basic training at Fort Gordon, Georgia and his advanced individual training in military occupational specialty (MOS) 11B (light weapons infantryman) at Fort Jackson, South Carolina before being transferred to Vietnam on 25 March 1967.  He was assigned to Company B, 2nd Battalion, 35th Infantry Regiment, 25th Infantry Division for duty as a rifleman.

3.  On 21 May 1967, the applicant was wounded in action against the enemy and was awarded the Purple Heart in General Orders Number 58, issued by the 85th Evacuation Hospital in Vietnam on 23 May 1967.  He was evacuated to a hospital in Okinawa on 26 May 1967 and remained assigned there after his recovery.  He had served in one campaign while assigned to Vietnam.

4.  He departed Okinawa on 27 September 1967 and was transferred to Fort Dix, New Jersey where he remained until he was honorably released from active duty (REFRAD) on 11 October 1968.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), and the Republic of Vietnam (RVN) Campaign Medal with Device (1960).

5.  A review of his official records shows that the applicant had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

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

	a.  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

	b.  a bronze service star is authorized for wear on the VSM for each Vietnam campaign a member is credited with participating in. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that the applicant’s unit was awarded the Valorous Unit Award (VUA) during the period he served with the unit.  Paragraph 6d states Department of the Army General Orders 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.  The applicant was awarded the Purple Heart for wounds received in Vietnam on 21 May 1967 and is entitled to have that award added to his DD Form 214.

2.  The applicant was serving in an infantry unit when he was wounded as a result of enemy action and thus is entitled to be awarded the CIB effective         21 May 1967 and to have it added to his DD Form 214

3.  The applicant also served during a qualifying period for award of the AGCM (1st Award); therefore, he should be awarded the AGCM for the period of 12 October 1966 to 11 October 1968.

4.  He participated in one campaign during his service in Vietnam that entitles him to one bronze service star for wear on his already-awarded VSM and to have it added to his DD Form 214.

5.  Additionally, the applicant's unit was awarded the VUA and the RVN Gallantry Cross with Palm Unit Citation for the period he served with the unit.  Accordingly, these unit awards should be added to his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the award of the VSM from his DD Form 214
* Awarding him the CIB effective 21 May 1967 while serving in the rank of private first class (PFC)
* Awarding him the AGCM (1st Award) for the period 12 October 1966 to 
	11 October 1968 while serving in the rank of PFC
* Adding the awards of the Purple Heart, CIB, AGCM (1st Award), VSM with one bronze service star, RVN Gallantry Cross with Palm Unit Citation, and VUA to his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20120021732





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021732



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1