IN THE CASE OF:	  

		BOARD DATE:	    5 December 2013

		DOCKET NUMBER:  AR20130006955 


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 that his awards of the Purple Heart, Bronze Star Medal with “V” Device, and Combat Infantryman Badge (CIB) be added to his  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the above awards were left off his DD Form 214 at the time of release from active duty (REFRAD). 

3.  The applicant provides copies of orders awarding him the Purple Heart and Bronze Star Medal with “V” Device and 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 was inducted into the Army of the United States on 9 January 1968.  He completed basic training at Fort Bliss, Texas and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 14 June 1968.

3.  He was assigned to Company D, 1st Battalion, 18th Infantry Regiment, 1st Infantry Division for duty as a rifleman.  He was advanced to the pay grade of E-4 on 13 November 1968.

4.  The applicant was wounded in action during a reconnaissance in force operation with his company and sustained fragment wounds to the head.  He was treated at an evacuation hospital in Vietnam, further evacuated to a hospital in Japan, and then to a hospital in Colorado.

5.  He was awarded the Purple Heart in General Orders Number 61 issued by the 24th Evacuation Hospital on 15 March 1969 for wounds received in action on that date.

6.  He was awarded the BSM with “V” Device in General Orders Number 5104 issued by Headquarters, 1st Infantry Division on 9 June 1969 for heroism on 
15 March 1969.

7.  On 6 June 1969, he was transferred to Fort Riley, Kansas and remained there until he was honorably REFRAD on 8 January 1970 due to the expiration of his term of service.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Republic of Vietnam Gallantry Gross with Palm Unit Citation, and his marksmanship awards.

8.  A review of his official records failed to reveal orders awarding him the CIB.  However, his records do show that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  His records also show that he participated in four campaigns while in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

	a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

	b.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  This includes the VSM.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant’s unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided and his records contain copies of authenticated orders awarding him the Purple Heart and the BSM with “V” Device and he is entitled to have these awards added to his DD Form 214 at this time.

2.  Although there are no orders in the available records showing the applicant was awarded the CIB, it is reasonable to believe that he was awarded the CIB because he was an infantryman serving in an infantry unit at the time he was wounded and awarded the Purple Heart and BSM with “V” Device.  Accordingly, the CIB should be added to his DD Form 214.

3.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).  Therefore, he should be awarded this medal for the period 9 January 1968 through 8 January 1970 and his DD Form 214 should be corrected to show this medal.

4.  The applicant participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show two bronze service stars.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.
BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

   b.  awarding him the AGCM (1st Award) for the period 9 January 1968 through 8 January 1970; and

   c.  adding the Vietnam Service Medal with four bronze service stars, Purple Heart, Bronze Star Medal with “V” Device, CIB, AGCM (1st Award), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ 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)                                         AR20130006955



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ABCMR Record of Proceedings (cont)                                         AR20130006955



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