BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140003897 


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 (Report of Transfer or Discharge) to show the Bronze Star Medal, Purple Heart, and the Army Good Conduct Medal.

2.  The applicant states he received the Purple Heart for wounds sustained on 5 August 1969, the Bronze Star for meritorious service in August 1969, and the Army Good Conduct Medal in 1971.

3.  The applicant provides – 

* National Personnel Records Center letter, dated 17 January 2014
* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* U.S. Army, Vietnam message P070419Z August 1969
* Western Union casualty telegram, dated 7 August 1969 to his parents
* 1st Armored Division General Orders Number 12 dated 18 January 1971

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 was inducted on 3 February 1969, completed training as a light weapons infantryman in military occupational specialty (MOS) 11B, and qualified as a Marksman with both the M-14 and M-16 rifles and as a Second Class Gunner (Sharpshooter) with the M-60 machinegun.  

3.  In the Republic of Vietnam (RVN ) he served in MOS 11B with B Company, 2nd Battalion (Airmobile), 506th Infantry from 3 August to 5 August 1969 when he was wounded.

4.  The telegram that the applicant provided in support of his request informed his parents that he had been hospitalized due to a fragment wound sustained while on a night defensive position.  He was later evacuated to Camp Zama, Japan and then to Great Lakes Naval Hospital near his home.

5.  Following recuperation he was assigned to B Company, 2nd Battalion, 46th Infantry, 1st Armored Division where he was awarded the Army Good Conduct Medal.

6.  On 2 February 1971, he was honorably released from active duty.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  There is no available evidence that the applicant was awarded the Bronze Star Medal.  There is no indication in the available record, and review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) states:

 	a.  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  
	b.  a Soldier who sustains wound while in action against an enemy or as a result of hostile action is entitled to the Purple Heart.  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.

	c.  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.  

	d.  RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more or those who served less than 6 months due to being wounded.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 8 of 1974 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1972 by DAGO Number 46 of 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he received the Purple Heart, Bronze Star Medal, and the Army Good Conduct Medal and asks that they be added to his DD Form 214.

2.  The applicant was clearly wounded in action against the enemy and is entitled to the Purple Heart.  He states he received it so it should be added to his DD Form 214 at this time.

3.  The applicant states he received the Bronze Star Medal.  Unfortunately, there is no available evidence that he was awarded or recommended for that award.

4.  He was awarded the Army Good Conduct Medal by 1st Armored Division orders.  It should be added to his DD Form 214.

5.  The applicant was wounded while serving as an infantryman in an infantry company.  He should be awarded the Combat Infantryman Badge and it should be added to his DD Form 214.
6.  The applicant is also authorized the RVN Campaign Medal with Device (1960), the RVN Gallantry Cross with Palm Unit Citation, and the Civil Actions Honor Medal First Class Unit Citation.

7.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended 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 Combat Infantryman Badge for action on 5 August 1969 and

	b.  showing that, in addition to those currently shown on his DD Form 214, his authorized awards include the – 

* Purple Heart
* Army Good Conduct Medal
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross With Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Machinegun Bar for wear on the Sharpshooter Marksmanship Qualification Badge


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 adding the Bronze Star Medal to his DD Form 214.  




      _______ _   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)                                         AR20140003897





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ABCMR Record of Proceedings (cont)                                         AR20140003897



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