BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140000122 


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 the Combat Infantryman Badge (CIB) and two additional awards of the Purple Heart.

2.  The applicant states he was wounded several times but has no proof.

3.  The applicant provides his DD Form 214 and Special Orders Number 290.

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 9 November 1965, he was inducted into the Army of the United States.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he held was specialist four/pay grade E-4.
3.  On 12 January 1966, Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, issued Special Orders Number 12 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 31 (Foreign Service) – he was credited with service in Vietnam from 2 August 1966 to 1 August 1967
* item 38 (Record of Assignments), he was assigned to –  

* Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), performing duties as an assistant gunner during the period 20 August 1966 to 8 May 1967
* Headquarters and Headquarters Company, 3d Brigade, 1st Cavalry Division (Airmobile), performing security platoon duties 9 May 1967 to 1 August 1967

* item 38 – all "excellent" conduct and efficiency ratings.
* item 40 (Wounds) – blunt trauma back and chest and smoke inhalation on 6 June 1967

5.  On 17 October 1966, Headquarters, 1st Cavalry Division (Airmobile), issued Special Orders Number 290 awarding him the CIB.

6.  On 8 November 1967, he was honorably released from active duty after completing 2 years of active service.

7.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Purple Heart 
* Air Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge (Pistol)

8.  His records are void of documentation indicating he was wounded as a result of hostile action on more than one occasion or orders showing more than one award of the Purple Heart.

9.  His name appears on the Vietnam casualty list.  It shows he was injured on one occasion as a result of hostile action on 6 June 1967.

10.  His service medical records are not available to the Board for review.

11.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

12.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

14.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 5th Battalion, 7th Cavalry, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 during his assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders Number 290 awarded him the CIB.  Therefore, he is entitled to correction of his DD Form 214 to show the CIB.

2.  His records are void of documentation indicating he was wounded as a result of hostile action on more than one occasion or orders showing he was awarded more than one Purple Heart.  As such, there is no evidentiary basis to support additional awards of the Purple Heart.

3.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact he was awarded the CIB and held the rank of specialist four during a relatively short period of service depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 9 November 1965 through 8 November 1967 and to add this award to his DD Form 214.

4.  Evidence shows he participated in two campaigns while serving in Vietnam.  Therefore, it would be appropriate to show his already-awarded VSM with two bronze service stars on his DD Form 214.

5.  The unit he was assigned to was awarded the RVN Gallantry Cross with Palm Unit Citation during his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his DD Form 214 corrected to show this qualification badge.

7.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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:

	a.  awarding him the AGCM (1st Award) for the period 9 November 1965 through 8 November 1967;

	b.  deleting the VSM from his DD Form 214; and

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

* CIB
* AGCM (1st Award)
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 two additional awards of 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)                                         AR20140000122



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ABCMR Record of Proceedings (cont)                                         AR20140000122



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