IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130006943 


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.

2.  The applicant states he sustained a shrapnel wound to his left leg from a mortar that exploded while serving in the Republic of Vietnam (RVN).  He received medical treatment and was awarded the Purple Heart.

3.  The applicant provides copies of his DA Form 4980-10 (Purple Heart Certificate) and 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 was inducted into the Army of the United States on 11 May 1970.  He was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) and promoted to specialist four (SP4)/E-4 on 12 December 1970.

3.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 180, dated 30 June 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, Special Orders Number 214, dated 8 August 1970, awarded the applicant the:

* Sharpshooter Marksmanship Qualification Badge with Mortar Bar 
(81-millimeter)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

5.  Headquarters, 4th Infantry Division, Fort Carson, CO, Special Orders Number 194, dated 13 July 1971, awarded the applicant the Expert Infantryman Badge.  The orders show he was assigned to Company B, 2nd Battalion, 8th Infantry, 4th Infantry Division (Mechanized), Fort Carson, CO.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he deployed overseas to serve in Vietnam on 3 October 1970;

	b.  item 38 (Record of Assignments), he:

* performed duties in MOS 11C while assigned to Company A, 1st Battalion, 31st Infantry, 196th Brigade, from 15 October 1970 through 4 January 1971
* was a patient in the U.S. Army Hospital at Camp Zama, Japan, on 5 January 1971
* was medically evacuated to the United States on 22 January 1971

	c.  item 40 (Wounds), no entries; and

	d.  item 41 (Awards and Decorations), no Purple Heart.

7.  Item 38 of the applicant's DA Form 20 also shows he received all "excellent" conduct and efficiency ratings throughout his military service.  A review of the applicant's military personnel record failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

8.  The applicant's DD Form 214 shows he was honorably released from active duty on 22 December 1971.  He completed 1 year, 7 months, and 12 days of total active service.  It also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star

9.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Purple Heart.

10.  A review of The Adjutant General's Office Casualty Division's Vietnam Casualty Listing shows the applicant's name as a casualty on 31 December 1970, casualty status code 26 (hostile wounded in action, not serious, hospitalized).

11.  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 award orders pertaining to the applicant.

12.  In support of his request the applicant provides a copy of a Purple Heart Certificate issued by the Commanding Officer, 91st Evacuation Hospital on 1 January 1971 that shows the applicant was awarded the Purple Heart for wounds received in action on 31 December 1970 in the RVN.

13.  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 the 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.

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.

	b.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service, but were wounded as a result of hostile action.

	c.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

15.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed Army awards during the Vietnam era.

	a.  Award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

	b.  The Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Paragraph 6d shows that Headquarters, Department of the Army, General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation 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 contends his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The Vietnam casualty roster shows the applicant was wounded in action in the RVN on 31 December 1970 and hospitalized for medical treatment of his wounds.  The evidence of record also shows the Commanding Officer, 91st Evacuation Hospital, issued the applicant a Purple Heart Certificate on 1 January 1971 for wounds he received in action on 31 December 1970.  Therefore, it would be appropriate at this time to correct the applicant's records to show award of the Purple Heart.

3.  The applicant served a period of continuous honorable active duty enlisted service from 11 May 1970 through 22 December 1971.  He was promoted to SP4/E-4 with only 7 months of active service and received all "excellent" conduct and efficiency ratings during his period of service.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

	b.  Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 11 May 1970 through 22 December 1971.

4.  There is no evidence that shows the applicant was awarded the Combat Infantryman Badge.  However, the evidence of record shows the applicant was awarded MOS 11C and he served in duty MOS 11C while assigned to Company A, 4th Battalion, 31st Infantry Regiment in the RVN.  He was awarded the Purple Heart for wounds received in action against a hostile force in the RVN on 31 December 1970 and he was medically evacuated.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to award the applicant the Combat Infantryman Badge and correct his DD Form 214 to show award of the Combat Infantryman Badge.

5.  The evidence of record also shows:

	a.  The applicant qualified for award of the RVN Campaign Medal with Device (1960).

	b.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation.

	c.  Special orders awarded the applicant the:

* Expert Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar 
(81-millimeter
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 Army Good Conduct Medal (1st Award) for the period 11 May 1970 through 22 December 1971 (Standard Name Line:  SP4  Company B, 2nd Battalion, 8th Infantry, Fort Carson, CO); and

	b.  awarding him the Combat Infantryman Badge for the period 15 October 1970 through 31 December 1970 (Standard Name Line:  SP4  Company A, 4th Battalion, 31st Infantry, 196th Brigade);

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation




* Combat Infantryman Badge
* Expert Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar 
(81-millimeter)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)




      _______ _  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)                                         AR20130006943



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ABCMR Record of Proceedings (cont)                                         AR20130006943



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