BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130018925
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 record show he was awarded the Republic of Vietnam (RVN) Wound Medal and the Combat Infantryman Badge (CIB).
2. He states he was not awarded the RVN Wound Medal or the CIB.
3. He provides correspondence he received from the National Personnel Records Center and several documents from his Official Military Personnel File.
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 14 September 1967, the applicant was inducted into the Army of the United States. On 20 September 1967, he enlisted in the Regular Army (RA). After completing initial entry training, he was awarded military occupational specialty (MOS) 72C (Central Office Switchboard Operator).
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to duty in Vietnam in duty MOS 72C with:
* Company D, 459th Signal Battalion, from 10 March to 9 September 1968
* 278th Signal Company (Support) from 10 September 1968 to 21 February 1969
4. His record does not show the he was awarded the RVN Wound Medal during his service in Vietnam.
5. On 12 September 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.
6. On 13 November 1983, he again enlisted in the RA. He completed one-station unit training, and he was awarded MOS 12B (Combat Engineer). During this period of active duty service he served in duty MOS 12B and duty MOS 76C (Equipment Records and Parts Specialist) while assigned to engineer units.
7. On 15 September 1992, he was honorably discharged. The DD Form 214 issued at that time shows, in part, he had been awarded the Purple Heart.
The available records do not show the basis for his award of the Purple Heart.
8. His record is void of documentation showing he held an infantry MOS, served in an infantry unit, or that he was awarded the CIB.
9. The RVN Wound Medal was a military decoration the RVN first created in 1950. The decoration was the equivalent of the Purple Heart, awarded to RVN military personnel who, while engaged in armed combat with enemies of the RVN, were either killed or wounded in action. The decoration was seldom bestowed upon members of allied militaries, such as the U.S. Armed Forces, and then only if the allied service member in question was attached and under the direct command of an RVN unit. U.S. service members are not authorized to wear the RVN Wound Medal on a military uniform, as it is a foreign equivalent of the Purple Heart.
10. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. The RVN Wound Medal is a foreign award that U.S. Army personnel are not authorized to wear. Therefore, even if there were evidence showing the applicant had been awarded the RVN Wound Medal, there is no basis for correcting his record to show this award.
2. His record is void of documentation showing he met the criteria for award of the CIB. Therefore, in view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's request for award of the CIB or the RVN
Wound Medal
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ __X______ _X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20130018925
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ABCMR Record of Proceedings (cont) AR20130018925
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