IN THE CASE OF:	  

		BOARD DATE:	    24 October 2013

		DOCKET NUMBER:  AR20130004705 


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 (PH) and the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (RVN).

2.  The applicant states he was wounded in action and was presented the PH in the hospital at Danang, South Vietnam.  The hospital was on a Marine Base and the award was present by a U.S. Marine Corp general.  He does not have orders for the PH.  His DD Form 214 does not reflect this award.  He was in the infantry while in the RVN.  As for the CIB, he contends it was an oversight in the records.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record) page 3 only
* Western Union Telegram, dated 3 June 1967

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 30 September 1965, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  In November 1966, the applicant departed Fort Devens, MA, for duty in the RVN.  On 5 December 1966, he was assigned for duty in MOS 11B (Light Weapons Infantryman) as a rifleman with the 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade.

4.  A copy of a Western Union Telegram, as provided by the applicant, states he was slightly wounded on 12 May 1967.  He had sustained fragment wounds to his legs and back.  He was hospitalized and then returned to his unit on 28 May 1967.  The telegram was signed by The Adjutant General, U.S. Army.

5.  On 5 August 1967, the applicant was reassigned to Headquarters and Headquarters Company, 196th Light Infantry Brigade, for duty as a rifleman.

6.  On 21 November 1967, the applicant departed the RVN for duty at Fort George G. Meade, MD.

7.  On 18 October 1968, the applicant was released from active duty.  He had completed 3 years of creditable active duty service.

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

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

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

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the PH.  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.
11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The PH 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 CIB 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.

	c.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase II and the Vietnam Counteroffensive, Phase III.

12  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the PH and the CIB for his service in the RVN.

2.  There are no available general orders awarding the applicant the PH.  The Vietnam Casualty Roster does not contain the applicant's name.  The applicant's DA Form 20 does not indicate he received any wounds while in action.  However, the applicant has provided a copy of a Western Union telegram dated in June 1967 that is sufficiently convincing to show he had been wounded in action as the result of enemy action and had received medical treatment for his wounds.  Therefore, he should be awarded the PH.

3.  The available evidence clearly shows that the applicant was awarded an infantry MOS and was assigned to an infantry unit of qualifying size when he was wounded as a result of enemy action.  Therefore, it is presumed that he did engage in active ground combat with the enemy and that his not being awarded the CIB was an oversight.  Accordingly, it would be appropriate to award him the CIB.

4.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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:

	a.  awarding him the Purple Heart for wounds received in action on 12 May 1967;

	b.  awarding him the Combat Infantryman Badge, effective 12 May 1967;

	c.  deleting from his DD Form 214 the Vietnam Service Medal; and

	d.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:







* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge




      _______ _ 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)                                         AR20130004705





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ABCMR Record of Proceedings (cont)                                         AR20130004705



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