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		IN THE CASE OF:	  

		BOARD DATE:	    2 January 2014

		DOCKET NUMBER:  AR20130008304 


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 award of the Combat Infantryman Badge, Purple Heart, and Ranger Tab, and any additional awards for his two tours of combat in Vietnam, and the issuance of a DD Form 215 (Correction to DD Form 214 – Report of Separation from Active Duty).

2.  The applicant states:

   a.  While assigned to the 173rd Airborne Infantry in Vietnam in 1968 he was wounded in action (right rear lower extremity).  He was evacuated to Cam Ranh Bay, Clark Air Force Base, Camp Zama, and then to Tripler Army Medical Center.  He should have been entitled to the Combat Infantryman Badge and Purple Heart.  He later served another combat tour in Vietnam with Company C, 75th Rangers.  His records show he served two combat tours in Vietnam.  

   b.  He later attended Ranger School in 1972 after his Vietnam tours.  His military personnel records should be reviewed and he should be issued a DD Form 215.  He believes receipt of these awards is warranted.

3.  The applicant provides copies of his Ranger Course Diploma and DD Form 214 ending on 27 September 1978.

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 (RA) on 11 May 1967 for 3 years.  
He completed training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). 

3.  His contemporaneous DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service), he served in:

* Germany from 25 October 1967 through 28 February 1968
* Vietnam from 23 March 1968 through 19 May 1969, during four campaigns

* Item 38 (Record of Assignments):

* he was assigned to Company C, 2nd Battalion (Airborne), 503rd Infantry Regiment, from 25 March to 18 May 1968
* he was in a patient status from 19 May 1968 through 14 May 1969
* he received all "excellent" conduct and efficiency ratings during this period of service

* Item 40 (Wounds) – fragment wounds to his jaw and right thigh on 19 May 1968

4.  There are no orders in his personnel records authorizing or awarding him the Purple Heart during this period of service in Vietnam.

5.  The Vietnam casualty roster shows he was wounded on 19 May 1968 and shows his casualty status code as "23."  This code indicates the status was "hostile wounded in action, not serious, hospitalized."  

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

7.  He was honorably discharged on 25 September 1969 for the purpose of immediate reenlistment.  He completed 2 years, 4 months, and 15 days of active service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Parachutist Badge.

8.  He reenlisted in the RA on 26 September 1969 for 4 years.  He served in MOS 11B.  His DA Form 20 shows he served in:

* U.S. Army South, Panama, Canal Zone from 25 November 1969 to 28 September 1970
* Vietnam from 1 November 1970 through 31 October 1971, during two campaigns; he was assigned to: 

* Company C, 75th Infantry Regiment, from 8 November 1970 to 11 August 1971
* Troop D, 1st Squadron, 10th Cavalry Regiment, from 12 August 1971 to 25 October 1971

9.  On 16 July 1970, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for sleeping on sentinel post. 

10.  Special Orders (SO) Number 125, were issued by Headquarters, United States Army Vietnam, on 5 May 1971, awarding him the Combat Infantryman Badge.

11.  The applicant provided a copy of a diploma, dated 22 June 1972, showing he successfully completed the Ranger Course.

12.  He was discharged on 25 September 1973 at the expiration of his term of service.  His DD Form 214 shows in:

* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons Awarded or Authorized) – the Vietnam Campaign Medal with Device 60, Vietnam Service Medal, Air Medal, National Defense Service Medal, Parachutist Badge, Combat Infantryman Badge, and two overseas service bars
* Item 25 (Education and Training Completed) – the Light Weapons Infantry Course, Ski Training Course, Ranger Course, and Winter Operations Course

13.  He reenlisted in the RA on 26 September 1973.  He served in Hawaii from on or about 1 November 1973 to on or about 17 February 1978.  

14.  SO Number 205 were issued by Headquarters, 25th Infantry Division, on 14 October 1975, awarding him the Expert Infantryman Badge.

15.  General Orders (GO) Number 716 were issued by Headquarters, 25th Infantry Division, on 17 December 1973, awarding him:

* the Army Good Conduct Medal (1st Award) for service from 11 May 1967 to 10 May 1970
* the Army Good Conduct Medal (2nd Award) for service from 11 May 1970 to 10 May 1973

16.  He accepted NJP under Article 15, UCMJ, on/for:

* 1 April 1976 – being absent without leave from 16 to 17 March 1976
* 18 January 1977 – failing to go to his appointed place of duty
* 4 April 1977 – failing to go to his appointed place of duty

17.  Item 41 (Awards and Decorations) of his DA Form 20 and Item 9 of his DA Form 2-1 (Personnel Qualification Record – Part II) list the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Parachutist Badge
* Combat Infantryman Badge
* Air Medal
* Army Good Conduct Medal (1st Award)
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M016)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Overseas Service Badge (i.e., Bar)

18.  He served in Germany from 27 March 1978 through on or about 26 September 1978.  He was honorably discharged on 27 September 1978.  His DD Form 214 shows he was awarded or authorized the:
* Army Good Conduct Medal
* Expert Infantryman Badge
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Overseas Service Bar

19.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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 Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.  

	c.  A bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.   One silver service star denotes five bronze service stars.

20.  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 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.

21.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows during his period of service with the 2nd Battalion, 503rd Infantry, this unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 5 May 1965 through 26 September 1970, by DAGO Number 51, dated 1971.

22.  DA Pamphlet 672-3 also shows his unit, Company C, 75th Infantry, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1965 through 16 April 1971, by DAGO Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 15 April 1969 through 16 March 1971, by DAGO Number 5, dated 1973

23.  DA Pamphlet 672-3 states not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Republic of Vietnam Gallantry Cross.  The pamphlet provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

24.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded him the Combat Infantryman Badge during his period of service in Vietnam.  Therefore, he is entitled to correction of his 1978 DD Form 214 to show this badge.

2.  There are no available orders that show he was awarded the Purple Heart.  However, the available evidence (the entry on his DA Form 20 and the listing of his name on the Vietnam casualty roster) shows he was wounded on 19 May 1968 as a result of hostile action in Vietnam.  Therefore, he is entitled to award of the Purple Heart and correction of his 1978 DD Form 214 to show this award.

3.  The evidence of record shows he was awarded two awards of the Army Good Conduct Medal.  His DD Form 214 ending on 27 September 1978 listed only one award.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

4.  The evidence of record shows during his service in Vietnam, campaign participation credit was awarded for six campaigns.  Therefore, he is entitled to award of one silver service star and one bronze service star to be added to his already-awarded Vietnam Service Medal and correction of his 1978 DD Form 214 to show these service stars.

5.  The evidence also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his 1978 DD Form 214 to show this award.

6.  The evidence of record shows he successfully completed the Ranger Course on 22 June 1972.  Therefore, he is entitled to award of the Ranger Tab and its addition to his 1978 DD Form 214.

7.  GO awarded his units, the 503rd and 75th Infantry, one award each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  GO also awarded his unit, 75th Infantry, one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, his is entitled to correction to his DD Form 214 to show award of two Republic of Vietnam Gallantry Cross with Palm Unit Citations and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  The applicant served in Vietnam from 23 March 1968 to 19 May 1969, a period of nearly 14 months.  This qualified him for two overseas service bars.  He served again in Vietnam from 1 November 1970 to 31 October 1971, a period of 12 months.  This also qualified him for two overseas service bars.  His 1978 DD Form 214 listed the Overseas Service Badge, presumably the Overseas Service Bar.  As a matter of clarity, this entry should be deleted and he should be entitled to four overseas service bars and correction of his DD Form 214 as such. 

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:

* awarding the applicant the Purple Heart for wounds received in action in Vietnam on 19 May 1968
* deleting from his DD Form 214, ending on 27 September 1978, the Army Good Conduct Medal (1st Award), Vietnam Service Medal, and Overseas Service Badge
* adding to his DD Form 214, ending on 27 September 1978 the:

* Purple Heart
* Combat Infantryman Badge
* Ranger Tab
* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* four overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _ 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)                                         AR20130008304



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ABCMR Record of Proceedings (cont)                                         AR20130008304



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