IN THE CASE OF:	  

		BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130009034 


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 his award of the Purple Heart and Combat Infantryman Badge (CIB).

2.  The applicant states he was wounded in action in Vietnam and his award of the Purple Heart and CIB are not reflected on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and Purple Heart Certificate.

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 1 May 1968 for a period of
2 years.  He completed his basic training at Fort Knox, KY and his advanced individual training as a light weapons infantryman at Fort Polk, LA before being transferred to Germany on 29 September 1968.

3.  In October 1968, he volunteered for duty in Vietnam and departed Germany on 18 January 1969.  He arrived in Vietnam on 10 March 1969.

4.  His record contains an official message, dated 30 December 1969, that indicates on 29 December 1969, while on a sweep mission, he detonated a hostile mine that resulted in a traumatic amputation of the right great toe with fracture/dislocation of the 2nd metatarsal (bones between the toes and ankle).  He was medically evacuated to the 91st Evacuation Hospital, where he was awarded the PH by the hospital commander on 30 December 1969.

5.  He was subsequently evacuated to the 106th General Hospital, Japan and then to the Medical Holding Company, Womack Army Hospital, Fort Bragg, NC.

6.  On 7 August 1970, he was honorably released from active duty (REFRAD).  He completed 2 years, 3 months, and 9 days of total active service.  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)

7.  A review of the applicant's official records failed to show any orders for award of the Purple Heart or the CIB.

8.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 38 (Record of Assignments) he was assigned to Company E,
5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade for duty as an automatic rifleman.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals, combat badges, unit decorations.  It states:

	a.  The PH 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.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	c.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states 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 Vietnam, the applicant participated in the following three campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to 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.

11.  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 5th Battalion, 46th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by Department of the Army General Order Number 11, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders awarding him the PH present in the available records, the PH Certificate and official message are sufficient to show he was awarded the Purple Heart for being wounded in action in Vietnam on 
29 December 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Additionally, the fact that he was an infantryman assigned to an infantry unit at the time he was wounded in action is sufficient evidence to show that he was authorized the award of the CIB.  Therefore, his DD Form 214 should be corrected to show this award.


3.  The applicant participated in three campaigns during his service in Vietnam that entitle him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  The applicant's unit in Vietnam 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:

___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:

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

	b.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* 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)                                         AR20130009034



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ABCMR Record of Proceedings (cont)                                         AR20130009034



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