IN THE CASE OF:	  

		BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130016240 


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 Purple Heart and Combat Infantryman Badge (CIB).

2.  The applicant states he did not receive the CIB while serving as an 11B1P light weapons infantry paratrooper with the Reconnaissance Platoon, 1st Battalion, 16th Infantry, 1st Infantry Division during the period June through September 1968.  He was wounded by enemy fire on 27 August 1968; afterwards, he was medically evacuated out of the Republic of Vietnam (RVN) to Japan and on to the United States.  He was recovering from surgery and did not realize the significance of this until recently.

3.  The applicant provides:

* Special Orders Number 241, dated 2 December 1968, issued by Headquarters, U.S. Army Hospital Specialized Treatment Center (USAHSTC), Fort Gordon, GA
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 April 1970
* Honorable Discharge Certificate, dated 17 April 1970
* two newspaper articles, from unknown sources, and undated
* two witness statements from former fellow Soldiers




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 
15 November 1967.  He successfully completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was later awarded MOS 71B (Clerk).

3.  He arrived in the RVN and was assigned to B Company, 1st Battalion, 16th infantry, 1st Infantry Division, on 20 July 1968, where he performed duties as a scout observer.  

4.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows from 13-20 September 1968 he was a patient assigned to the Medical Holding Detachment (MHD), 249th General Hospital, Camp Drake, Japan.  On 21 September 1968, he was transferred to the Medical Holding Company (MHC), USAHSTC, Fort Gordon, GA.

5.  Special Orders Number 241, dated 2 December 1968, issued by USAHSTC, Fort Gordon, GA, show the applicant was assigned to the 82nd Administrative Company, 82nd Airborne Division, Fort Bragg, NC.  On 17 January 1969, he was assigned to the 4th Battalion, 325th Infantry, 82nd Airborne Division.  On 
7 November 1969, he was reassigned to the MHC, USAHSTC, Fort Bragg, NC.

6.  A Standard Form (SF) 502 (Clinical Record - Narrative Summary), dated 
24 February 1970, shows a military medical doctor stated the applicant entered the military on 15 November 1967.  He was assigned in the RVN in 1968 and he was medically evacuated for a torn meniscus of the left knee.




7.  On 20 March 1970, a PEB found the applicant unfit and rated his condition 
20 percent disabling.  On 17 April 1970, the applicant was honorably discharged by reason of physical disability with entitlement to severance pay, after completing 2 years, 5 months, and 3 days of creditable active service.

8.  The applicant's DD Form 214 does not show he was awarded Purple Heart or CIB.  His DD Form 214 shows he was awarded and authorized to wear:

* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge

9.  Item 40 (Wounds) of the applicant's DA Form 20 does not show the applicant was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart or CIB.

10.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart or CIB.  There is no evidence in his service personnel records that shows he was wounded in action or treated for wounds as a result of hostile action in the RVN.  The applicant's name is not listed on the Vietnam casualty roster.

11.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders awarding the Purple Heart or CIB to the applicant.

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows he received all "excellent" conduct and efficiency ratings throughout his service.

13.  He provided two witness statements, dated 8 November 2012 and 
14 November 2012, from former fellow Soldiers.  Both stated that the applicant 
was wounded by enemy forces on 27 August 1968.  The first author stated he was the applicant's platoon sergeant and that prior to the applicant's hospitalization he performed duties an infantryman.  The second stated that he was a medic in the applicant's platoon and that after a firefight with enemy forces, on 27 August 1968, he treated the applicant for wounds to his right shoulder and the back of his right knee after a rocket propelled grenade explosion.  He was taken to the 1st Medical Battalion Aid Station and evacuated to the 93rd Evacuation Hospital.

14.  The applicant provided two newspaper articles showing:

* he was injured in action in the RVN on 28 August 1968
* on a unspecified date members of the reconnaissance platoon, 1st Battalion, 16th Infantry, made contact with a 40-man enemy force
* five members of the enemy force where killed in a daring daylight ambush with no "Recon Rangers" wounded in action 

15.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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 medical treatment, and the medical treatment must have been made a matter of official record.

16.  Army Regulation 600-8-22 states 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.

17.  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.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document shows that, at the time of the applicant’s assignment to the 1st Battalion, 16th Infantry, it was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation during the period 12 July 1965 through 16 October 1968 based on Department of the Army General Orders (DAGO) 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
October 1965 through 7 April 1970 based on DAGO 53, dated 1970
19.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 the RVN the applicant participated in the following campaign:  Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968).

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided two witness statements that state he sustained wounds on 27 August 1968 as a result of enemy action.  The witness statement submitted by a former medic who stated he treated the applicant's wounds was 
carefully considered.  Unfortunately, there is no documentary evidence to corroborate the statements.  The available medical treatment records do not show that he was wounded as a result of enemy action. 

2.  A newspaper article shows the applicant was injured in action on 28 August 1968; however, the article does not describe the type of injury he received.  A second article states none of the "Recon Rangers" were wounded during the engagement with enemy forces.  

3.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence that the wound for which the award is being made was received as a result of enemy action.  The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

4.  The applicant's records contain no medical treatment records or other documents that confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the RVN.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been met.

5.  The evidence of record shows before his evacuation from the RVN the applicant was assigned to B Company, 1st Battalion, 16th infantry, 1st Infantry Division, where he performed duties as a scout observer, in an infantry MOS duty position. 

6.  The two witness statements provided by the applicant indicate that he was involved in combat against enemy forces.  It is presumed he met the eligibility criteria for award of the CIB.  Therefore, he should be awarded the CIB.  His 
DD Form 214 should be corrected by adding the CIB. 

7.  The applicant was released from active duty in the rank of SP5 with 2 years, 10 months, and 10 days of total active service with no time lost.  His record contains no derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good conduct Medal.  It appears he met the eligibility criteria for this award for the period 15 November 1967 through 17 April 1970 based on completion of a period of qualifying service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 15 November 1967 through 17 April 1970 and to correct his DD Form 214 to show this award.

8.  The applicant was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

9.  His participation in one campaign makes him eligible for one bronze service star to be worn on his already-awarded Vietnam Service Medal.  His DD Form 
214 should be amended add the bronze service star.

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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Deleting the Vietnam Service Medal from his DD Form 214;

	b.  Awarding him the Combat Infantryman Badge for action on 27 August 1968 and Army Good Conduct Medal (1st Award) for the period 15 November 1967 through 17 April 1970; and
	
	c.  Amending his DD Form 214 to add award of the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star 
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

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 awarding him the Purple Heart.



      _______ _   __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)                                         AR20130016240



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ABCMR Record of Proceedings (cont)                                         AR20130016240



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