IN THE CASE OF:	  

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004302 


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 Purple Heart (PH) and any other awards he earned that are not listed, including the Air Medal (AM) and Expert Marksmanship Qualification Badge with Mortar Bar.  

2.  He states he earned the PH for a gunshot wound to his upper right arm.  He received two PH Certificates bearing two different dates.  His name was misspelled on both and his rank is incorrect on both.  He recalls receiving the PH the day after he was promoted to sergeant (SGT)/E-5.  

3.  He provides:

* DD Form 214
* orders
* AM Citation
* two PH Certificates

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 6 July 1967, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  

3.  On 15 August 1967, Headquarters, U.S. Army Training Center Infantry, Fort Lewis, WA, issued Special Orders (SO) Number 219 awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  

4.  Headquarters, Fort Polk, LA, issued:

* SO 251, dated 28 September 1967, awarding him the Expert Marksmanship Qualification Badge with Pistol Bar
* SO 263, dated 10 October 1967, awarding him the Expert Marksmanship Qualification Badge with Mortar Bar
* SO 265, dated 12 October 1967, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  From 12 December 1967 to 6 December 1968 he was assigned to duty in Vietnam with Company C, 3rd Battalion, 60th Infantry, 9th Infantry Division.  He participated in five campaigns.  

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

* item 33 (Appointments and Reductions) – he was promoted to SGT/E-5 effective 1 August 1968
* item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings

7.  On 3 July 1969, he was honorably released from active duty as a SGT/E-5 after completing 1 year, 11 months, and 28 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* "Vietnam Unit Citation"
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* National Defense Service Medal
* Vietnam Service Medal (VSM) with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.  

9.  His Official Military Personnel File is void of documentation showing he was awarded the PH or AM.  

10.  Review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH or AM pertaining to the applicant.

11.  Review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, shows he was wounded as a result of hostile action on 18 August 1968.  The listing does not show that he was wounded on any other date.

12.  He provides the documents described below:

	a.  Headquarters, 9th Infantry Division, General Orders (GO) Number 7352, dated 22 August 1968, awarded him the PH for a wound he incurred in action on 18 August 1968.  The orders and an accompanying PH Certificate show his rank/grade as private first class/E-3.

	b.  Headquarters, 3rd Field Hospital, GO 177, dated 20 August 1968, awarded him the PH for a wound he incurred in action on 19 August 1968.  The orders and an accompanying PH Certificate show his rank/grade as specialist four/E-4. 

	c.  An AM Citation indicates he received the award for meritorious achievement during the period 11 January 1o 10 August 1968.  

	d.  Headquarters, 1st Armored Division, SO 142, dated 4 June 1969, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar.

13.  Army Regulation 600-8-22 (Military Awards) states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Review of his record indicates he is entitled to additional awards not listed on his DD Form 214.

15.  Army Regulation 600-8-22 states the Combat Infantryman Badge (CIB) 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, regiment or smaller size.  

16.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

18.  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 3rd Battalion, 60th Infantry, was cited for award of the:

* Presidential Unit Citation (PUC) for the period 29 January to 4 March 1968, by Department of the Army GO (DAGO) 45, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968, by DAGO 31, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded as a result of hostile action on 18 August 1968 and was awarded the PH for this wound.  He is entitled to correction of his DD Form 214 to show the PH.  It would also be appropriate to issue him a PH Certificate reflecting the name and rank shown on his DD Form 214.  

2.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SGT/E-5, and there is no record of any disciplinary action taken against him.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 6 July 1967 through 3 July 1969 and to correct his DD Form 214 to show this award.

3.  He was awarded the VSM and he participated in five campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on his previously-awarded VSM.

4.  He was awarded the Expert Marksmanship Qualification Badge with Rifle 
(M-14 and M-16), Pistol, and Mortar Bars.  He is entitled to correction of his DD Form 214 to show this badge with all accompanying bars.  

5.  He served in the 3d Battalion, 60th Infantry, during periods for which the unit was cited for award of the PUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  It appears that the entry "Vietnam Unit Citation" on his DD Form 214 refers to one of the RVN awards.  It would be appropriate to amend his DD Form 214 by deleting the generic entry "Vietnam Unit Citation" and adding each of the unit awards listed above.  

6.  Throughout his service in Vietnam, he was an infantryman assigned to an infantry company.  The record shows he served in his unit during a period for which it was awarded the PUC for extraordinary heroism in action, he was promoted to SGT/E-5 during his service in Vietnam, and he was awarded the PH and BSM.  The preponderance of evidence indicates that he met the criteria for award of the CIB.  Therefore, it would be appropriate to award him this badge effective the date he was wounded and to add it to his DD Form 214.  

7.  The applicant provides an AM Citation indicating he was awarded the AM for the period 11 January to 10 August 1968.  Unfortunately, possession of an award citation does not automatically confer entitlement to an award.  In the absence of orders awarding him the AM or evidence showing such orders were published, there is an insufficient basis for adding the AM 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 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 CIB effective 18 August 1968; 

	b.  awarding him the AGCM (1st Award) for the period 6 July 1967 through 3 July 1969; 

	c.  issuing him a PH Certificate reflecting the name and rank shown on his DD Form 214 and that he was wounded on 18 August 1968; and

	d.  amending his DD Form 214 as follows – 

		(1) delete "Vietnam Unit Citation," "Vietnam Service Medal w/4 Bronze Service Stars," and "Expert (Rifle)" and 

		(2) add – 

* PH
* AGCM (1st Award)
* VSM with one silver service star
* CIB
* Expert Marksmanship Qualification Badge with Rifle (M-14 and 
M-16), Pistol, and Mortar Bars
* PUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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 the AM.  



      _______ _   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)                                         AR20140004302





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ABCMR Record of Proceedings (cont)                                         AR20140004302



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