IN THE CASE OF: 

		BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130014046 


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 add the Purple Heart.  He also requests award of the Combat Infantryman Badge.

2.  The applicant states he was wounded in action and should have received the Combat Infantryman Badge.

3.  The applicant provides his DD Form 214 and General Orders (GO) Number 245, dated 11 December 1970.

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 7 August 1969.  He held military occupational specialty 11B (Light Weapons Infantryman) and attained the rank/grade of specialist four (E-4).

3.  Special Orders (SO) Number 261, issued by Headquarters, 3rd Advanced Individual Training Brigade, U.S. Army Training Center, Fort Gordon, GA on 
2 December 1967 awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 15 September 1970 to 17 December 1970 and served with Company N (Rangers), 75th Infantry Regiment, 173rd Airborne Brigade from 
21 September 1970 to 16 December 1970.  He was later transferred to a U.S. Army Hospital in Camp Zama, Japan in a patient status from 17 December 1970 to 31 December 1970.

5.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command (HRC), which is an index of general or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.  

6.  He provided GO Number 245, issued by Headquarters, 67th Evacuation Hospital, Vietnam, on 11 December 1970.  These orders awarded him the Purple Heart for wounds he sustained as a result of hostile enemy action.  Additionally, the Vietnam casualty roster shows he was wounded in action, as a result of hostile enemy action on 9 December 1970.  His medical records indicate he was injured when a "booby trap" exploded.

7.  He was honorably retired by reason of a permanent physical disability on 
30 April 1971.  His DD Form 214 shows he completed 1 year and 9 months of net active service, of which 3 months and 17 days were credited as foreign service.  Additionally, he was awarded or authorized the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and the Vietnam Campaign Medal.

8.  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.  There are basically three requirements for award of the Combat Infantryman Badge.  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.  A bronze service star is authorized with the Vietnam Service Medal 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 Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971).

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Company N (Rangers), 75th Infantry Regiment, 173rd Airborne Brigade was cited for award of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by DAGO Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 by DAGO Number 5, dated 1973

10.  A review of his service records shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 7 August 1969 through 30 April 1971.  Additionally, his DA Form 20 shows he received all “excellent” ratings for conduct and efficiency throughout his military service.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart; therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  The applicant's infantry MOS and his service in an infantry unit in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he participated in active ground combat.  It is clear that his injuries were due to or as a result of an exploding "booby trap," but it is unclear whether or not this injury occurred while he was actively engaged in ground combat with the enemy.  In the absence of official orders or other documentary evidence that conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidentiary basis for awarding the Combat Infantryman Badge.

3.  The evidence of record shows he participated in one campaign while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one bronze service star affixed to his previously-awarded Vietnam Service Medal.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with this unit.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  SO awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to add this marksmanship badge.

6.  The applicant served honorably during the period 7 August 1969 through 
30 April 1971.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, he received all "excellent" conduct and efficiency ratings.  He met the criteria for this award; therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add 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 that the evidence presented was 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 the period 
7 August 1969 through 30 April 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)

2.  The Board further determined that 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 the 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)                                         AR20130014046



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ABCMR Record of Proceedings (cont)                                         AR20130014046



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