IN THE CASE OF:	  

		BOARD DATE:	 1 July 2014 

		DOCKET NUMBER:  AR20130019550 


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 Purple Heart and the Combat Infantryman Badge.

2.  The applicant states that these awards were not listed on his DD 
Form 214 due to an administrative oversight by the discharge authority.

3.  The applicant provides a copy of his DD Form 214 and medical documents.

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's complete military service records are not available.  His DD Form 214 shows:

* he was inducted into the Army of the United States on 25 October 1967
* his last duty assignment was with Battery C, 1st Battalion, 83rd Artillery, Vietnam
* in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Overseas Service Bar (2)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

3.  The applicant provides, and his records contain, two DA Forms 8-275-2 (Clinical Record Cover Sheet) which show:

	a.  He was admitted to the 7th Field Hospital, Japan, on 12 May 1969 and treated for a fragment wound to his left thigh sustained as the result of a rocket attack near Forward Base Bastogne, Vietnam.  Item 25 (Selected Administrative Data) shows the entry "PH not awarded this facility."

	b.  He was transferred to the U.S. Army Hospital, Fort Gordon, GA for additional treatment of his injury.

4.  He was honorably released from active duty on 12 June 1969.  He completed 1 year, 7 months, and 18 days of total active service of which 1 year and 17 days was foreign service in Vietnam.  His tour of duty is not shown; however, it can be approximated by subtracting his foreign service in Vietnam (1 year and 17 days) from 11 May 1969 (the day before he was admitted to the 7th Field Hospital, Japan):  1969  05  11 
                  01  00  17
              1968  04  24

5.  Based on these calculation his tour in Vietnam was from on or about 24 April 1968 to on or about 11 May 1969.

6.  A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Listing shows the applicant's name as a casualty on 12 May 1969.

7.  His available record is absent of documentation to show that he held or served in military occupational specialty (MOS) 11B (Infantryman) or any other infantry MOS at any time during his career.

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 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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with Battery C, 1st Battalion, 83rd Artillery, his unit was cited for awards of the:

* Presidential Unit Citation for service from 22 January to 18 March 1969 based on Department of the Army General Orders (DAGO) Number 20, dated 1973
* Presidential Unit Citation for service from 10 to 21 May 1969 based on DAGO Number 16, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 3 November 1966 to 30 April 1968 based on DAGO Number 51, dated 1971

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 
28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.  He participated in the following campaigns:

* Vietnam Counteroffensive Phase IV – 2 April -30 June 1968
* Vietnam Counteroffensive Phase V – 1 July  to 1 November 1968
* Vietnam Counteroffensive, Phase VI - 2 November 1968 to 22 February 1969
* Tet 69 Counteroffensive - 23 February to 8 June 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant's name is on the Vietnam Casualty listing that shows he was reported as a casualty on 12 May 1969 and the available medical documentation corroborates his injury occurred as a direct result of hostile action.  Therefore, it would be appropriate to award him the Purple Heart for wounds received in action in Vietnam on 12 May 1969 and to correct his DD Form 214 to show this award.

3.  GO awarded his unit the Presidential Unit Citation (two awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to have these unit awards listed on his DD Form 214.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  He is entitled to four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  With respect to the Combat Infantryman Badge: 

	a.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry MOS in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

	b.  There is insufficient evidence that confirms the applicant held an infantry MOS, was assigned or attached to an infantry unit, and was personally present while the infantry unit was engaged in active ground combat with enemy forces.  Accordingly, there is insufficient evidence to award him the Combat Infantryman Badge or add it to his DD Form 214. 

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 Purple Heart for wounds received in action on 12 May 1969 in Vietnam
* adding the following awards to item 24 of his DD Form 214

* Purple Heart
* four bronze service stars to his previously-awarded Vietnam Service Medal
* Presidential Unit Citation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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 award of 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)                                         AR20130019550



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ABCMR Record of Proceedings (cont)                                         AR20130019550



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