IN THE CASE OF:	  

		BOARD DATE:  8 October 2013

		DOCKET NUMBER:  AR20130003037 


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 for his service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that this medal and badge are missing from his DD Form 214.  He further states he served in an infantry company and was wounded in a combat zone.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record), page 3

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.  On 2 October 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He also completed the Basic Airborne Course.

3.  On 28 March 1968, the applicant departed Fort Benning, Georgia, for duty in the RVN.  On 1 May 1968, he was assigned for duty as a rifleman with Company C, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division.

4.  The applicant's DA Form 20 shows in:

	a.  item 38 (Record of Assignments) that his conduct and efficiency ratings were all "excellent,"

	b.  item 40 (Wounds) that he received a back injury on 18 January 1969, and

	c.  item 41 (Awards and Decorations) that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun (M-60) Bar

5.  Records show the applicant was subsequently assigned to the 106th General Hospital as a patient and returned to the United States on or about 25 January 1969.

6.  General Orders Number 587, Headquarters, 101st Airborne Division, dated 18 January 1969, announced award of the Army Commendation Medal to the applicant for meritorious achievement in the RVN during the period 1 July to 30 November 1968.

7.  General Orders Number 1096, Headquarters, 101st Airborne Division, dated 31 January 1969, announced award of the Air Medal to the applicant for meritorious achievement in the RVN on 21 April 1968.

8.  On 10 July 1970, the applicant was released from active duty in the rank/pay grade of specialist four/E-4.  He completed 2 years, 9 months, and 6 days of creditable active duty service.

9.  The applicant's DD Form 214 lists his authorized awards as:

* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

10.  The Vietnam casualty roster does not list the applicant's name.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is 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.

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

	a.  The Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

	b.  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.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man 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 is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have 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.  

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 2nd Battalion, 502nd Infantry Regiment, was cited in Department of the Army General Orders (DAGO) Number 43, dated 1970, for award of the RVN Gallantry Cross with Palm Unit Citation and in DAGO Number 48, dated 1971, for award of the RVN Civil Actions Honor Medal First Class Unit Citation during the time of the applicant's assignment.

16.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided instructions for completion of the DA Form 20.  Paragraph 9-53 stated to enter a brief description of wounds or injuries received through hostile or enemy action requiring medical treatment and/or hospitalization in item 40.  The date wounded or injured would also be entered.

DISCUSSION AND CONCLUSIONS: 

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and Combat Infantryman Badge for his service in the RVN.

2.  There are no general orders available showing the applicant was awarded the Purple Heart.  However, the applicant's DA Form 20 clearly indicates he was injured as a result of enemy action on 18 January 1969.  This evidence of record is further corroborated by his subsequent evacuation from the combat theater as a patient.  Therefore, the applicant should be awarded the Purple Heart and his DD Form 214  should be corrected to show this award.

3.  The evidence clearly shows the applicant was awarded an infantry MOS and was assigned as a rifleman with an infantry company in the RVN.  His being injured as a result of enemy action and subsequent evacuation from the combat theater makes it reasonable to presume he engaged the enemy in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should be granted.

4.  General orders show the applicant was awarded the Air Medal and Army Commendation Medal.  Therefore, these two medals should be shown on his DD Form 214.

5.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist four, receiving multiple awards for meritorious achievement, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

6.  The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these two foreign unit awards.

7.  Records show the applicant was awarded the Parachutist Badge and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars.  Therefore, these badges should be shown on his DD Form 214.

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 him the Purple Heart for injuries received on 18 January 1969,

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 2 October 1967 to 10 July 1970,

	c.  awarding him the Combat Infantryman Badge effective 18 January 1969, and

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

* Purple Heart
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* RVN Gallantry Cross with Palm Unit Citation
* EVN Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars



      _______ _  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)                                         AR20130003037



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ABCMR Record of Proceedings (cont)                                         AR20130003037



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