BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140002910 


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
* Combat Infantryman Badge

2.  The applicant states, in effect, the above awards are missing from his records.

3.  The applicant provides:

* results of his Medical Evaluation Board (MEB)
* results of his informal Physical Evaluation Board (PEB)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 24 November 1970

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 2 December 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.  On 10 June 1969, he was assigned to Company C, 1st Battalion, 
46th Infantry, 196th Infantry Brigade, 23rd Infantry Division in the Republic of Vietnam.

4.  On 17 February 1970, a message from the Commanding General, U.S. Army, Vietnam reported that on 16 February 1970 the applicant was seriously wounded as a result of a hostile booby trap while on a reconnaissance in force mission.  He had multiple fragment wounds to his head, neck, chest, abdomen, and all extremities.  He had a fragment wound of the brain, double perforating injury of his right eye, and fracture of his left tibia.  

5.  On 24 February 1970, he was transferred to the 249th General Hospital.

6.  On 10 March 1970, he was transferred to the U.S. Army Medical Detachment, Naval Hospital, Great Lakes, IL.

7.  On 27 July 1970, an MEB determined he did not meet retention standards due to wounds he received in the Republic of Vietnam and referred him to a PEB.  On 11 September 1970, an informal PEB found him physically unfit for duty due to wounds he received in the Republic of Vietnam and recommended permanent retirement by reason of disability with a combined disability rating of 90 percent.

8.  On 24 November 1970, he was permanently retired by reason of physical disability.  He completed 1 year, 11 months, and 23 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

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

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  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.

10.  Headquarters, United States Army Vietnam General Orders Number 768, dated 3 March 1971, included the 1st Battalion, 46th Infantry, 196th Infantry Brigade in the award of the Valorous Unit Award for the period 11 August to
31 August 1969.  The citation read in part:

… unit personnel repeatedly engaged two well-trained and well-equipped enemy regiments in fierce, close fighting near the junction of Hiep Duc and Song Chang Valleys.  … the members of the 196th Infantry Brigade … frequently assaulted strongly fortified positions and successfully inflicted heavy causalities upon the enemy at every encounter.

11.  The above award was confirmed in Department of the Army General Order Number 43, dated 29 November 1972.

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

	a.  During the applicant’s assignment to the 1st Battalion, 46th Infantry the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods:

* 16 April - 28 August 1969
* 24 August - 31 December 1969

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

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

	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 that 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.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

	c.  The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

	d.  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.

	e.  Table B-1 includes the following Vietnam campaigns:

* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 	1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 	1970)

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. 

	a.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  

	b.  There must have been no convictions by a court-martial. 
 



DISCUSSION AND CONCLUSIONS:

1.  The message from the Commanding General, U.S. Army, Vietnam confirms the applicant was wounded as a result of hostile action and treatment for his wounds is well documented in his MEB and PEB.  Therefore, he is entitled to award of the Purple Heart for wounds received in the Republic of Vietnam on 
16 February 1970.

2.  The applicant held MOS 11B and was assigned to an infantry company in the Republic of Vietnam.  While he was assigned to the 1st Battalion, 46th Infantry, the unit was awarded the Valorous Unit Award which was awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.  The citation for this award stated personnel "repeatedly engaged two well-trained and well-equipped enemy regiments in fierce, close fighting" and " frequently assaulted strongly fortified positions."  Absent any evidence the applicant was anywhere other than with his unit during the 20-day period for which they were awarded the Valorous Unit Award there is sufficient evidence to show he served in active ground combat with the enemy.  Therefore, it is appropriate to award him the Combat Infantryman Badge.

3.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 2 December 1968 to 24 November 1970 ending with termination of a period of Federal military service.

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

5.  Based on his service with the 1st Battalion, 46th Infantry he is authorized the Valorous Unit Award and 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 Purple Heart for wounds received on 16 February 1970 in the Republic of Vietnam;

	b.  awarding him the:

(1)  Army Good Conduct Medal (1st Award) for the period of service from 
December 1968 to 24 November 1970; and

        (2)  Combat Infantryman Badge effective 31 August 1969.

	c.  amending his DD Form 214 by:

		(1)  deleting the Vietnam Service Medal; and

		(2)  adding the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Valorous Unit Award








* Vietnam Service Medal with 2 bronze service stars
* 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)                                         AR20140002910



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ABCMR Record of Proceedings (cont)                                         AR20140002910



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