BOARD DATE:      14 October 2014

		DOCKET NUMBER:  AR20140004413


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) by showing award of the Purple Heart for wounds received in the Republic of Vietnam (RVN).

2.  The applicant states his DD Form 214 does not reflect his award of the Purple Heart.  He was wounded in the RVN and medically evacuated to Japan and then on to the United States.

3.  The applicant provides copies of:

* DD Form 214
* Department of Veterans Affairs Rating Decision (Pages 2 and 4 only)

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 7 August 1968, the applicant was inducted into the Army of the United States.  He completed training in military occupational specialty 11B (Light Weapons Infantryman).

3.  Special orders dated 2 December 1968 announced the applicant’s award of the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

4.  Special orders dated 3 December 1968 announced the applicant’s award of the First Class (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar.

5.  On or about 24 March 1969, the applicant departed the United States for duty in the RVN.

	a.  On 24 May 1969, he was assigned for duty as a rifleman with Company A, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division.

	b.  General Orders Number 134, 71st Evacuation Hospital, dated 30 May 1969, announced the applicant’s award of the Purple Heart for wounds received in action on 29 May 1969.

6.  Records show the applicant departed the RVN on or about 12 September 1969.  He was subsequently assigned to Fort Dix, New Jersey for duty as a drill sergeant.

	a.  Special orders dated 20 November 1969 announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

	b.  Special orders dated 11 February 1970, announced the applicant’s award of the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

7.  On 26 May 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 9 months, and 
20 days of creditable active duty service.



8.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* M-14 (indicating he qualified with this rifle but does not specify his level of qualification)

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent,” except for a rating of “unknown” while in training.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal (AGCM).

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

	a.  The Combat Infantryman Badge is awarded to enlisted Soldiers who have an infantry MOS and have served in active ground combat while assigned to an infantry unit of brigade, regimental or smaller size.

	b.  Appendix B of this regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Based on the applicant's dates of service in the RVN, he participated in the following two campaign periods:

* Tet 69 Counteroffensive
* Vietnam Summer-Fall 1969

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 2nd Battalion, 35th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 38, dated in 1970 for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated in 1970 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing award of the Purple Heart for wounds received in the RVN.

2.  General orders announced the applicant’s award of the Purple Heart for wounds received in action on 29 May 1969.  Therefore, this medal should be shown on his DD Form 214.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these two foreign unit awards.

6.  The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned as a rifleman to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  Furthermore, he was wounded in action and awarded the Purple Heart for his wounding.  The multiple foreign unit awards earned by his battalion indicate that there was considerable enemy action during the time of his service.  This evidence is sufficient to show he engaged the enemy in active ground combat.  Therefore, he should be awarded the Combat Infantryman Badge, effective 29 May 1969.

7.  Special orders announced the applicant’s award of the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.  Therefore, his records should be corrected to show this badge on his DD Form 214.

8.  Special orders announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars.  Therefore, his DD Form 214 should show this badge.
9.  Special orders announced the applicant’s award of the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, his DD Form 214 should show this badge.

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 Army Good Conduct Medal for the period 7 August 1968 to 26 May 1970;

	b.  awarding him the Combat Infantryman Badge effective 29 May 1969;

	c.  deleting from his DD Form 214 the Vietnam Service Medal and “M-14”; and

	d.  showing, in addition to the awards already-shown on his DD Form 214, that his awards include the:

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation








* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar




      ___________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)                                         AR20140000220



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ABCMR Record of Proceedings (cont)                                         AR20140004413



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