IN THE CASE OF:
BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130007025
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 the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (RVN).
2. The applicant states he earned both the Purple Heart and the CIB and needs his records corrected to support a decision concerning post-traumatic stress disorder (PTSD).
3. The applicant provides copies of:
* Correspondence from the Veterans Administration, dated 11 February 1971 (3 pages)
* DA Form 20 (Enlisted Qualification Record) (pages 2,3, and 4 only)
* List of wounded Soldiers, Company A, 4th Battalion, 3rd Infantry Regiment, for 29 August 1969
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. Permanent Orders Number 099-03, U.S. Army Human Resources Command, dated 9 April 2013, announced the award of the Purple Heart to the applicant for the wounds he sustained as a result of enemy action in the RVN on 29 August 1969. Furthermore, the applicant's DD Form 214 has been corrected to add this medal. Accordingly, this issue will not be further discussed in these proceedings.
3. On 21 November 1968, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
4. On 11 April 1969, the applicant departed Fort Lewis, WA for duty in the RVN.
a. On 20 May 1969, he was assigned for duty as an ammunition bearer with Company D, 4th Battalion, 3rd Infantry Regiment.
b. On 29 August 1969, he was wounded in action and received fragments to both of his legs and head.
c. On 6 September 1969, he was medically evacuated from the RVN.
5. On 5 January 1970, the applicant was assigned to Fort Hood, TX for duty as a light truck driver. On 9 February 1970, his MOS was changed to 11E (Armor Crewman).
6. On 4 December 1970, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 1 year,
11 months and 29 days of creditable active duty.
7. The applicant's DD Form 214, as corrected by a DD Form 215 (correction of DD Form 214) dated 10 April 2013, lists his awards as:
* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* RVN Campaign Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar and Machinegun Bars
* Sharpshooter Marksmanship Qualification Badge with .45 caliber Submachine Gun Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* Purple Heart
8. Army Regulation 600-8-22 (Military Awards) provides that 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.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 4th Battalion, 3rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 42, dated in 1972 for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN. Furthermore, he was wounded as a result of hostile actions while assigned in this unit as an ammunition bearer. It is therefore more than reasonable to presume he had engaged the enemy in active ground combat. Therefore, his request for award of the Combat Infantryman Badge should be granted.
2. The applicant's unit was cited in general orders for award of the RVN 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 showing, in addition to the awards already shown on his DD Form 214, that his awards include:
* 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) AR20130007025
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007025
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130020723
Application for correction of military records (with supporting documents provided, if any). Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Bronze Star Medal or the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge effective 12 March 1969; b. deleting award of the Vietnam Service...
ARMY | BCMR | CY2008 | 20080014096
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. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, Air Medal, Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, and marksmanship Qualification...
ARMY | BCMR | CY2011 | 20110002696
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 Combat Infantryman Badge (CIB). There are no orders in his service personnel record awarding him the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and b. adding to item 24 of his DD Form 214 the: *...
ARMY | BCMR | CY2011 | 20110002174
The evidence of record shows the applicant was wounded in action. Therefore, he is entitled to award of the Purple Heart for wounds received in action on 2 April 1970 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars; b. awarding him the Purple Heart for wounds received...
ARMY | BCMR | CY2012 | 20120020858
He served in Vietnam and was medically retired due to combat-incurred wounds. Army Regulation 600-8-22 (Military Awards): a. states the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the CIB for service in Vietnam from December 1968 to March 1969 and the Army Good Conduct...
ARMY | BCMR | CY2013 | 20130019747
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. The applicant states he was wounded in the Republic of Vietnam (RVN) but was not awarded the Purple Heart. _______ _ 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.
ARMY | BCMR | CY2009 | 20090015808
The applicant contends that his records should be corrected to show award of the Purple Heart because he was wounded in action in the RVN, but the award is not recorded on his DD Form 214. Records show that: a. a U.S. Army Vietnam casualty message and Western Union telegram confirmed the applicant was wounded in action in the RVN on 10 December 1968, b. item 40 of his DA Form 20 shows he sustained fragment wounds to his right arm on 10 December 1968, c. The Adjutant General's Office Vietnam...
ARMY | BCMR | CY2014 | 20140005571
Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. General orders awarded the unit to which the FSM was assigned while in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit...
ARMY | BCMR | CY2001 | 2001063576C070421
The evidence of record shows the applicant was awarded the Combat Infantryman Badge. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received on 27 May 1969 and the Army Good Conduct Medal for the period 9 April 1968 – 8 April 1970. That the applicant’s DD Form 214 be amended to add the Purple Heart, the Army Good Conduct Medal, Combat Infantryman Badge, the Republic of Vietnam
ARMY | BCMR | CY2011 | 20110002620
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 Air Medal. The medical evidence provided by the applicant shows he received an injury, but does not explain how or under what circumstances he was injured. _____________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...