IN THE CASE OF:	  

		BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130016811 


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 the Purple Heart and the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 29 April 1970.

2.  The applicant states these awards are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* orders and certificate for the award of the Purple Heart
 
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 25 September 1968, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in the Republic of Vietnam from 6 March 1969 to 26 April 1970.  He was assigned as a rifleman to:

* Company A, 1st Battalion, 52nd Infantry from 11 March to 25 December 1969
* Headquarters and Headquarters Company (HHC), 198th Infantry Brigade from 26 December 1969 to 26 April 1970

4.  On a Certification of Treatment, dated 23 April 1969, a captain, Medical Corps, certified he treated the applicant for a fragment wound to his right ankle.  He certified it was a combat injury and the applicant may be eligible for a Purple Heart.  An official entry was made in the applicant's health record.

5.  Headquarters, Americal Division General Orders Number 3287, dated 9 May 1969, awarded the applicant the Purple Heart for wounds received on 17 April 1969 in connection with military operations against a hostile force.

6.   On 29 April 1970, he was released from active duty.  He completed 1 year, 
7 months, and 5 days of active service that was characterized as honorable.
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)
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the period he was assigned to the 1st Battalion, 52nd Infantry the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969.
	b.  During the period he was assigned to HHC, 198th Infantry Brigade the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March to 30 June 1970.

	c.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

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

	a.  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.  

	b.  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.

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

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

10.  Army Regulation 672-5-1 (Military Awards), then in effect, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards.

	a.  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.


	b.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 27 April 1969.  Therefore, this award should be added to his DD Form 214.

2.  He was awarded MOS 11B.  He was assigned to an infantry unit of brigade, regimental or smaller size as a rifleman when he received a fragment wounded to his right ankle.  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.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, he should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 25 September 1968 to 
29 April 1970 ending with termination of a period of Federal military service and this award should be added to his DD Form 214.

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

5.  Based on his service with the 1st Battalion, 52nd Infantry, and HHC, 198th Infantry Brigade he is authorized two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.  awarding him the:

		(1)  Army Good Conduct Medal (First Award) for the period of service from 25 September 1968 to 29 April 1970; and

		(2)  Combat Infantryman Badge with an effective date of 17 April 1970;

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

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

* Purple Heart
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards)





      ____________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)                                         AR20130016811





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ABCMR Record of Proceedings (cont)                                         AR20130016811



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