BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130004145 


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 was awarded the Purple Heart for an injury he received in Vietnam; however, this award is not shown on his DD Form 214.  The Combat Infantryman Badge is also missing from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 17 January 1967.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  He served in Vietnam from 21 July 1967 to on or about 15 August 1967, during one campaign.  

4.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows the following assignments:

* 29 July 1967 to 14 August 1967 – Company B, 1st Battalion (Airborne), 327th Infantry Brigade, 101st Airborne Division
* 15 August 1967 – patient status, 249th General Hospital, Japan
* 21 October 1967 – patient status, Fort Ord, CA

5.  A Standard Form 502 (Clinical Record – Narrative Summary), dated 9 August 1967, shows he sustained injuries to his ring and small finger of his right hand when a blasting cap which he was holding exploded in his hand in Vietnam.

6.  A casualty message shows the applicant was wounded while setting up claymore mines at a night perimeter when a blasting cap accidently detonated.  The message stated the wound was the result of hostile action.

7.  A Medical Evaluation Board convened on 21 March 1968 and considered his injuries.  He was referred to a Physical Evaluation Board (PEB).  His available record is void of the PEB.

8.  On 27 July 1968, he was honorably retired by reason of physical disability in pay grade E-5.  He was credited with completing 1 year, 6 months, and 13 days of net active with no time lost.  His DD Form 214 lists the:

* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Item 38 of his DA Form 20 also shows he received "excellent" conduct and efficiency ratings from 17 January 1967 through 14 August 1967 when he was placed in a "patient status.  There is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

10.  Item 40 of his DA Form 20 contains the entry, "Laceration to 4th and 5th Finger, Right Hand, on 9 August 1967."  Item 41 (Awards and Decorations) of this form does list the same awards shown on his DD Form 214 with the addition of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60).  

11.  There are no orders in his military personnel records awarding him the Purple Heart and Combat Infantryman Badge.

12.  The Vietnam casualty roster shows he was wounded on 9 August 1967.  This roster shows his casualty status code for both injuries as "23." This code indicates the status was "hostile wounded in action, not serious, hospitalized."  

13.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart and the Combat Infantryman Badge pertaining to the applicant.

14.  Army Regulation 600-8-22 (Military Awards) states the 

   a.  The Purple Heart is awarded for a wound sustained while in action against an 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.

	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.  

15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  


16.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Purple Heart, there are no general orders that show the applicant was awarded the Purple Heart.  However, the available evidence shows he was wounded on 9 August 1967 as a result of hostile action in Vietnam.  Although the casualty message shows a blasting cap accidentally detonated, that message also states the wound was the result of hostile action.  He was treated and the treatment was made a matter of official record. Any reasonable doubt should be resolved in his favor.  In addition, he states he was awarded the Purple Heart.  His DD Form 214 should be corrected to show this award.

2.  With respect to the Combat Infantryman Badge, again, there is conflicting information in his records.  Notwithstanding the casualty message showing a blasting cap accidentally detonated, that message and the Vietnam casualty roster stated the wound was the result of hostile action.  Based upon his unit of assignment, it is accepted that the applicant was in the field setting up a night perimeter (as opposed to being in a base camp), and any reasonable doubt concerning his and his unit’s engagement in ground combat should be resolved in his favor.  In addition, he indicates he has already been awarded the Combat Infantryman Badge.  His DD Form 214 should be corrected to show this award.

3.  The evidence of record appears to show he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 17 January 1967 through 29 July 1968.  There is no derogatory information or evidence of record which shows he was disqualified by his commander for this award.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of records also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60).  These awards are not listed on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

5.  General orders also entitled him to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show this unit award 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 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 17 January 1967 through 29 July 1968
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* (M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   _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)                                         AR20130004145



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ABCMR Record of Proceedings (cont)                                         AR20130004145

   
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