BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120022234 


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 (CIB) and Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.

2.  The applicant states he served as an infantry platoon leader in Vietnam and he never received orders for award of the CIB or the Purple Heart for shrapnel wounds he received in December 1967.  He states he sent a letter to the Commander, 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), requesting his orders for the CIB when he returned from Vietnam and never received a response.

3.  The applicant provides a self-authored letter and copies of his DD Forms 214; a letter to the Commander, 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), dated 25 January 1969; his Department of Veterans Affairs (VA) Compensation; photographs; envelopes; newspaper articles; promotion orders; and Bronze Star Medal orders.

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 13 December 1965.  He completed basic training at Fort Knox, Kentucky, and advanced individual training as an infantryman at Fort Dix, New Jersey, before being transferred to Fort Benning, Georgia, to attend Infantry Officer Candidate School.

3.  On 26 January 1967, he was honorably discharged to accept a commission.  He completed 1 year, 1 month and 14 days of active service.  His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Army Good Conduct Medal (1st Award).

4.  On 27 January 1967, he was commissioned as a U.S. Army Reserve Infantry second lieutenant.  He was transferred to Fort Dix, New Jersey, where he served as a training officer in a basic training company.  He was transferred to Vietnam in the rank of first lieutenant (1LT) on 27 July 1967 for assignment to Company B, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile), as a rifle platoon leader.

5.  On 10 October 1967, he was transferred to Company C and he was subsequently transferred to Headquarters and Headquarters Company on 1 January 1968.

6.  On 16 November 1967, General Orders Number 7005 issued by Headquarters, 1st Cavalry Division (Airmobile), awarded the applicant the Army Commendation Medal (ARCOM) with "V" Device for heroism in connection with military operations against a hostile force on 17 September 1967.

7.  He participated in four campaigns and departed Vietnam on 23 July 1968.  He was transferred to Fort McClellan, Alabama, where he remained until he was honorably released from active duty on 26 January 1969 due to the expiration of his active duty commitment.  He completed 2 years of active service during this period.  His DD Form 214 for the period ending 26 January 1969 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal (VSM), Air Medal, Bronze Star Medal, ARCOM with "V" Device, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

8.  A review of the applicant's official records failed to show any orders awarding him the CIB or Purple Heart.  His name is not shown on the Vietnam casualty listing.

9.  However, his separation physical examination contains an entry indicating he was wounded by shrapnel in his right forearm on 4 December 1967.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

11.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

12.  Army Regulation 600-8-22 states the VSM 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.  A bronze service star is awarded for wear on the VSM for participation in each credited campaign.

13.  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 the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served as an infantry platoon leader in an infantry company in Vietnam and was awarded the ARCOM with "V" Device for heroism while conducting combat operations against the enemy on 17 September 1967.  Accordingly, he meets the criteria for award of the CIB effective the same date.

2.  While his name is not shown on the Vietnam casualty listing, the applicant's separation physical indicates he sustained a shrapnel wound to his right forearm on 4 December 1967 and the applicant also states he was wounded in December 1967.  This is further supported by his receipt of VA compensation for injuries to his right forearm.  This evidence along with his previous award of the ARCOM with “V” Device for heroism support award of the Purple Heart.

3.  Accordingly, any doubt should be resolved in favor of the applicant and he should be awarded the Purple Heart for wounds received in action in Vietnam on 4 December 1967.

4.  The applicant also participated in four campaigns in Vietnam and is authorized to wear four bronze service stars on his already-awarded VSM.

5.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he is authorized to have that unit award 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 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 CIB effective 17 September 1967 while serving in the rank of 1LT
* awarding him the Purple Heart effective 4 December 1967 while serving in the rank of 1LT
* deleting award of the VSM from his DD Form 214 for the period ending 26 January 1969
* adding the following awards to his DD Form 214 for the period ending 26 January 1969 –

* Purple Heart
* VSM with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* CIB

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)                                         AR20120022234



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ABCMR Record of Proceedings (cont)                                         AR20120022234



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