BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130009845


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.

2.  The applicant states these awards were not entered on his DD Form 214.  He came under fire in several small skirmishes and he was at the Mother's Day Hill battle with Tiger Force, Headquarters and Headquarters Company, 1st Battalion, 327th Infantry Regiment, in May 1967.  He was later transferred to guarding the tactical command post with the mortar platoon.  He was there on outpost when their position was attacked and he received shrapnel wounds.

3.  The applicant provides:

* DD Form 214
* Purple Heart Certificate
* Army Commendation Medal Certificate, Citation, and orders

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.  On 31 March 1965, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist).

3.  He served in the Republic of Vietnam from 26 July 1966 to 13 July 1967.  He was assigned to:

* Administrative Company, Support Battalion, 1st Brigade, 101st Airborne Division (31 July-31 December 1966)
* Headquarters and Headquarters Company, 1st Battalion (Airborne), 327th Infantry Regiment, 101st Airborne Division (1 January-13 July 1967)

4.  Combat Operations After Action Report, Operation Malheur, dated 2 September 1967, shows that the 1st Battalion, 327th Infantry Regiment, engaged with the enemy on numerous occasions during Operation Malheur between 11 May 1967 and 1 July 1967.

5.  On 29 March 1968, he was honorably released from active duty.  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)
* Parachutist Badge
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he received a fragment wound to his left shoulder on 18 June 1967.

7.  He is listed on the Vietnam casualty listing.  The listing shows his casualty status as hostile, wounded in action, not serious, hospitalized.  The listing reports the date of casualty as 18 June 1967.

8.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be entered in item 40.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	d.  Table B-1 includes the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the period of the applicant's assignment to the Support Battalion, 1st Brigade, 101st Airborne Division, the unit was awarded the:

* Meritorious Unit Commendation (Army) (29 July 1965-1 October 1966)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (9 December 1966-18 January 1967)

DISCUSSION AND CONCLUSIONS:

1.  Item 40 of his DA Form 20 and the Vietnam casualty listing, together with his Purple Heart Certificate, are sufficient evidence to show he was awarded the Purple Heart and to add this award to his DD Form 214.

2.  The after action report from Operation Malheur shows he was assigned to an infantry unit of brigade, regimental or smaller size while they were engaged with the enemy.  The fact that he was wounded as a result of hostile action is evidence he served in active ground combat.  Therefore, there is sufficient evidence to award him the Combat Infantryman Badge and to add this award to his DD Form 214.

3.  Based on his service with Support Battalion, 1st Brigade, 101st Airborne Division, he is authorized the following unit awards:

* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  He participated in two campaigns in Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.

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 Combat Infantryman Badge effective 18 June 1967,

	b  deleting award of the Vietnam Service Medal from his DD Form 214, and


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

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation (Army)
* 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)                                         AR20130009845



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ABCMR Record of Proceedings (cont)                                         AR20130009845



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