IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130006268 


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 all awards, including the Purple Heart and Combat Infantryman Badge.

2.  The applicant states the awards are not recorded on 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 4 January 1971.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 7 September 1971 through 29 March 1972, primarily serving with Troop C, 1st Squadron, 1st Cavalry Regiment.

3.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain an entry indicating he was ever wounded in action.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized the:

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

5.  On 18 May 1972, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  There is no evidence in the available records and the applicant did not provide any evidence that shows he was awarded the Purple Heart or Combat Infantryman Badge.

7.  There is no evidence in the available records and the applicant did not provide any evidence that shows he served in active ground combat against enemy forces, that he sustained any injuries as a result of hostile action, or that he was treated for wounds sustained as a result of hostile action.

8.  The applicant's name does not appear on the Vietnam casualty roster.

9.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 been treated by medical personnel, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 states 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.

12.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* Consolidation I
* Consolidation II

13.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and 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's contention that his DD Form 214 should be corrected to show award of the Purple Heart was carefully considered.  Regrettably, there is no evidence in the available records and the applicant has not provided sufficient evidence which shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  Based on the foregoing there is insufficient evidence to grant the applicant's request for award of the Purple Heart.

2.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

3.  Although the evidence of record shows the applicant served in an infantry specialty during his period of service in the Republic of Vietnam, his records are devoid of any evidence and he has failed to provide sufficient evidence that he was personally present and participated with a qualifying infantry unit while it was engaged in active ground combat with enemy forces.

4.  Accordingly, there is insufficient evidence on which to base adding award of the Purple Heart or Combat Infantryman Badge to his DD Form 214.

5.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

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

	a.  deleting award of the Vietnam Service Medal from his DD Form 214; and

	b.  adding award of the Vietnam Service Medal with two bronze service stars and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 


much of the application that pertains to award of Purple Heart and 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)                                         AR20130006268



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ABCMR Record of Proceedings (cont)                                         AR20130006268



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