IN THE CASE OF:  	  

		BOARD DATE:  9 December 2014	  

		DOCKET NUMBER:  AR20140005904 


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, Air Medal, and Army Commendation Medal with "V" Device.

2.  The applicant states the above awards were not entered on his DD Form 214 before he left Vietnam.  He would like his DD Form 214 to actually reflect what he earned. 

3.  The applicant provides a certificate for award of the Air Medal and General Orders (GO) Number 9982 for award of the Army Commendation Medal with "V" Device.

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's records show he was inducted into the Army of the United States on 4 January 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His records show he served in Vietnam from on or about 7 June 1968 to on or about 2 July 1969.  He was assigned as a rifleman or a light weapons infantryman to the 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division.  

4.  Headquarters, 1st Cavalry Division, published the following GO awarding him the following awards: 

* GO Number 8636, on 18 July 1968, the Purple Heart for wounds received in action on 19 July 1968
* GO Number 5950, on 14 May 1969, the Air Medal for meritorious achievement in Vietnam from June 1968 to May 1969
* GO Number 6173, on 20 May 1969, the Bronze Star Medal for meritorious service in Vietnam from June 1968 to June 1969
* Go Number 9982, on 19 August 1969, the Army Commendation Medal with "V" Device for heroism on 6 May 1969

5.  GO Number 9982 awarded him the Army Commendation Medal with "V" Device for heroism on 6 May 1969 and cited the following action: 

For heroism in connection with military operations against a hostile force in the Republic of Vietnam.  [Applicant] distinguished himself by heroism in action on 6 May 1969, while serving as company radio-telephone operator during the defense of a forward fire base in the Po Minh Province, Vietnam.  When [Applicant] received a call from a listening post informing him of movement outside the perimeter, he ordered the listening post back inside the perimeter.  No sooner had they reached the safety of the line bunker than the enemy launched an intense rocket and mortar barrage followed by a ground assault.  [Applicant] left the safety of his bunker and took up a position where he could keep the company commander informed of the enemy activity.  

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

	a.  Item 28 (Qualifications in Arms), he qualified with the following weapon systems: M-14 rifle, sharpshooter, on 13 February 1968; M-60 Machine Gun, first class gunner (sharpshooter), on 5 April 1968; and M-16 rifle, marksman, on 27 May 1968.

	b.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings throughout his service.

	c.  Item 40 (Wounds), he sustained a gunshot wound to the right leg and left calf on 20 July 1968 and a second wound consisting of burns to both hands on 22 March 1969.  

7.  His records contain:

	a.  An official Army Message, dated 20 July 1968, indicating he was wounded in action on 19 July 1968 and sustained gunshot wounds to the right leg and left calf while he was on a search and clear mission in Vietnam when engaged by a hostile force in firefight. 

	b.  A Western Union telefax, dated 21 July 1968, informing his next of kin that he was wounded in Vietnam on 19 July 1968 as a result of hostile action when he received gunshot wounds to the left calf and the right leg.  He was on combat operations when his unit engaged a hostile force in a firefight.

8.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 10 December 1969.  He completed 1 year, 11 months, and 17 days of active duty with no lost time.  His DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* two overseas service bars
* Purple Heart
* "Sharpshooter (Rifle)"
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device

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

	a.  The Purple Heart is awarded for a wound sustained while in action against and 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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 
	c.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the below listed campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* Vietnam Counteroffensive Phase IV, 2 April to 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July to 1 November 1968
* Vietnam Counteroffensive Phase VI,  2 November 1968 to 22 February 1969
* Tet 69/Counteroffensive, 23 February to 8 June 1969
* Vietnam Summer - Fall 1969, 9 June to 31 October 1969

10.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

11.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 2nd Battalion, 8th Cavalry Regiment in Vietnam, his unit was cited award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 17 September 1965 to 30 June 1972 by DAGO Number 54, dated 1975; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 
1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Combat Infantryman Badge: 

	a.  The applicant held an infantry MOS and he served as a rifleman in what appears to have served in the infantry squad or platoon of a cavalry battalion when he was wounded in action during combat operations in Vietnam on 20 July 1968 and again on 22 March 1969.  Additionally, he was awarded the Army Commendation Medal with "V" Device for heroism on 6 May 1969. 

	b.  He appears to have met the criteria for award of the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

2.  The applicant's DA Form 20 shows he sustained two combat wounds in Vietnam, on 20 July 1968 and on 22 March 1969.  While he was awarded the Purple Heart for the first wound, it does not appear he was awarded the Purple Heart for the second.  Therefore, he is entitled to a second award of the Purple Heart and correction of his DD Form 214 to show it. 

3.  GO awarded him the Bronze Star Medal, Air Medal, and Army Commendation Medal with "V" Device.  None of these awards is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

4.  He served honorably from 4 January 1968 through 10 December 1969.  He attained the rank/grade of SP4/E-4, received multiple valor awards, and was twice wounded in action.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to a silver service star to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

6.  GO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

7.  His DD Form 214 listed the Sharpshooter Marksmanship Qualification Badge with Rifle Bar but did not identify the specific weapons system.  He qualified sharpshooter with the M-14 rifle, sharpshooter with the M-60 Machine Gun, and marksman with the M-16 rifle.  As a matter of clarity, his DD Form 214 should be corrected to show the correct name of each badge.  



BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the Purple Heart (2nd Award) for wounds received in action in Vietnam on 22 March 1969
* awarding him the Army Good Conduct Medal (1st Award) for the period 4 January 1968 through 10 December 1969
* deleting from his DD Form 214 the Vietnam Service Medal, Purple Heart, and the entry "Sharpshooter (Rifle)"
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award) 
* Purple Heart (2nd Award)
* Combat Infantryman Badge (1st Award)
* Bronze Star Medal
* Army Commendation Medal with "V" Device
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with silver service star









* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   _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)                                         AR20140005904





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ABCMR Record of Proceedings (cont)                                         AR20140005904



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