IN THE CASE OF:	  

		BOARD DATE:	 26 March 2014 

		DOCKET NUMBER:  AR20130013068 


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 Combat Infantryman Badge, Presidential Unit Citation, Army Commendation Medal, and Purple Heart.

2.  The applicant states the awards on his DD Form 214 are not complete.  He believes the Purple Heart, Combat Infantryman Badge, Presidential Unit Citation, and Army Commendation Medal should be added.  He served with the 196th Infantry Brigade, Americal Division, based in Chu Lai.  A Military Order of the Purple Heart National Service Officer recommended that he apply to update his records, especially for the Combat Infantryman Badge.  Previously, a veterans' services officer had been trying to validate his Purple Heart Certificate.

3.  The applicant provides copies of the following:

* Headquarters, 91st Evacuation Hospital (Semi-mobile) General Orders Number 20
* Purple Heart Certificate
* 1970 and 1972 Medical Evaluation Board (MEB) Proceedings
* 1970 Physical Evaluation Board (PEB) Proceedings
* 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 12 December 1968 and he held military occupational specialty (MOS) 11B (light weapons infantryman).

3.  He served in Vietnam during two campaigns from 28 September 1969 through on or about 27 January 1970.  He was assigned to Company B, 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade.

4.  His DA Form 20 (Enlisted Qualification Record) shows he was wounded in action (fragment wound to his back) on 20 January 1970 and he was transferred in a patient status to the 106th General Hospital on 27 January 1970.  He was ultimately transferred to the U.S. Army Hospital at Fort Carson, CO.

5.  His DA Form 20 also shows in:

* item 38 (Record of Assignments) that he received "excellent" conduct and efficiency ratings throughout his period of service except one "unknown" rating from 8 to 20 August 1969 (12 days) while en route to Vietnam
* item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Second Class Gunner (currently known as Marksman) Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)

6.  He retired in the rank/grade of specialist four/E-4 on 30 November 1970 by reason of temporary disability and he was placed on the TDRL on 1 December 1970.  He completed 1 year, 11 months, and 19 days of net active service with no lost time, of which 4 months and 11 days were foreign service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Parachutist Badge, and Vietnam Service Medal.

7.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of active duty service.

8.  There are no orders in his personnel records authorizing or awarding him the Combat Infantryman Badge and Army Commendation Medal during his period of service in Vietnam.

9.  He provided copies of the following:

* Headquarters, 91st Evacuation Hospital (Semi-mobile) General Orders Number 20, dated 24 January 1970, awarding him the Purple Heart for wounds received in action on 23 January 1970 in Vietnam
* Purple Heart Certificate
* MEB Proceedings, dated 28 August 1970, showing he was determined to be medically unfit for further military service as a result of a gunshot wound and was referred to a PEB
* PEB Proceedings, dated 7 October 1970, showing the PEB recommended his temporary disability retirement and placement on the Temporary Disability Retired List (TDRL) with a combined rating of 40 percent

10.  He also provided a copy of MEB Proceedings, dated 6 July 1972, which show he was diagnosed with limitation of pronation and supination of left forearm and referred to a PEB.  On 30 September 1972, he was removed from the TDRL and permanently retired by reason of physical disability.

11.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the award of the Combat Infantryman Badge and Army Commendation Medal to the applicant.

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

	a.  The Army Commendation Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award is primarily intended for personnel on flying status, but will also be awarded to those personnel whose combat duties requires them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award were individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

	c.  A bronze service star is worn on campaign and service medals to denote participation in a named campaign for the Vietnam Service Medal.

	d.  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.

	e.  The Presidential Unit Citation is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.

13.  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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 1st 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 in Department of Army General Orders Number 42, dated 1972.
DISCUSSION AND CONCLUSIONS:

1.  Headquarters, 91st Evacuation Hospital (Semi-mobile) General Orders Number 20 awarded the applicant the Purple Heart for wounds received in action in connection with military operations against a hostile force on 23 January 1970. 
This award is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He held an infantry MOS and he was assigned to an infantry unit when he was wounded.  Although the circumstances of his wounding are unknown, it is reasonable to presume he was personally present and served in active ground combat while assigned to the infantry unit.  It appears that he met the criteria for award of the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge and it should be added to his DD Form 214.

3.  Notwithstanding the 12-day "unknown" rating period while he was en route to Vietnam, the evidence shows he received "excellent" conduct and efficiency ratings during his period of active duty service, he attained pay grade E-4, and he served in and was wounded in action in Vietnam.  It appears he met the criteria for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for his period of service from 12 December 1968 through 30 November 1970 and it should be added to his DD Form 214.

4.  He participated in Vietnam during two campaigns; therefore, he is authorized two bronze service stars for his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  Although he completed only 4 months and 11 days of foreign service in Vietnam, he was wounded in action and was medically evacuated from theater.  He met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, his DD Form 214 should be corrected to show this award.

6.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) during his period of service.  Therefore, his DD Form 214 should be corrected to show these awards.

7.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show this unit award.

8.  There is also no evidence his unit was cited for award of Presidential Unit Citation during his period of service in Vietnam.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

9.  There is no evidence of record and he provided insufficient evidence to show he was awarded the Army Commendation Medal during his period of service.  Army Regulation 600-8-22 states that formal recommendations, approval through the chain of command, and announcement in orders are required for this award.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 12 December 1968 through 30 November 1970
* awarding him the Combat Infantryman Badge effective 23 January 1970
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 
much of the application that pertains to award of the Army Commendation Medal and Presidential 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)                                         AR20130013068



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ABCMR Record of Proceedings (cont)                                         AR20130013068



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