BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140006282 


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 a second Purple Heart and the Combat Infantryman Badge.

2.  The applicant states his DD Form 214 (Report of Separation from Active Duty) with an effective date of 14 September 1967 does not show any record of him receiving his Combat Infantryman Badge or his second Purple Heart. 

3.  The applicant provides no additional evidence in support of his application. 

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 15 September 1965, he was inducted into the Army of the United States.  His DD Form 47 (Record of Induction) shows his last name spelled as "XXRX" and his service number as "US 56 xxx xxx."   He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He was assigned to the following units in the Republic of Vietnam:

* Company A, 1st Battalion (Mechanized), 5th Infantry, as a rifleman from 
19 February - 17 August 1966
* Headquarters and Headquarters Company, 25th Infantry Division, performing duty with the chief of staff and as a light truck driver from 
18 August 1966 - 5 February 1967

4.  He participated in two campaigns while the Republic of Vietnam.

5.  Headquarters (HQ), 25th Infantry Division General Orders (GO) Number 191, dated 11 June 1966, awarded the applicant the Purple Heart for wounds received on 5 June 1966 in the Republic of Vietnam.  The applicant's last name is spelled as "XXEX."  However, the service number shown matches the applicant's service number.

6.  His DA Form 20 (Enlisted Qualification Record) provides the following information:

* Item 40 (Wounds) shows he received shrapnel wounds to his right hand and arm and the date entered is 18 June 1966
* Item 41 (Awards and Decorations) shows he was awarded a Purple Heart and cited the authority as HQ, 25th Infantry Division GO Number 191, dated 11 June 1966

7.  On 14 September 1967, he was released from active duty.  He completed 
2 years of active duty that was characterized as honorable.  The last name on his DD Form 214 is shown as "XXRX."  His DD Form 214 shows he was awarded the:

* Vietnam Service Medal with 1 bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal

8.  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.

9.  The Vietnam casualty listing shows the applicant was wound on two occasions:

* 5 June 1966 - hostile wounded in action:  not serious hospitalized.  This entry spells his last name as "XXEX," but the service number shown matches the applicant's service number.
* 18 June 1966 - hostile wounded in action: not serious hospitalized

10.  Department of the Army General Orders Number 20, dated 25 April 1967, awarded the Valorous Unit Award to the 2nd Brigade Task Force, 25th Infantry Division, which included the 1st Battalion (Mechanized), 5th Infantry for extraordinary heroism in ground combat against the Viet Cong in the Republic of Vietnam during the period January through April 1966.  The citation reads in part:

The Brigade Task Force embarked on 66 days of continuous combat operations in a completely Viet Cong dominated, heavily entrenched and fiercely defended area.  …During the period 30 January to 5 April 1966, the Brigade conducted eleven major operations against the Viet Cong with battalion or larger sized forces engaged in fierce battle against a hostile enemy…. On 5 April 1966, after 66 days of continuous combat, the brigade had seized, cleared and secured the base of operation and surrounding area in the vicinity of Cu Chi, Republic of Vietnam.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units during the Vietnam Conflict.  The 1st Battalion (Mechanized), 5th Infantry was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 - August 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 - 21 January 1970




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

	a.  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.  

	b.  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.

13.  Army Regulation 672-5-1 (Military Awards), then in effect, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards.

	a.  The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of a wound sustained 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 Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except, for the first award only, upon termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  HQ, 25th Infantry Division GO Number 191, dated 11 June 1966, awarded him the Purple Heart for wounds received on 5 June 1966.  However, his last name is misspelled as "XXEX."  Therefore, it would be appropriate to amend HQ, 
25th Infantry Division GO Number 191, dated 11 June 1966, to show the correct spelling of his name as "XXRX."

2.  Item 40 of his DA Form 20 shows he received shrapnel wounds to his right hand and arm on 18 June 1966.  The Vietnam casualty listing also shows he was wounded as a result of hostile action on 18 June 1966.  Therefore, there is sufficient evidence to award him the Purple Heart with First Oak Leaf Cluster for wounds received as a result of hostile action on 18 June 1966 in the Republic of Vietnam and amend his DD Form 214 to show two awards of the Purple Heart.

3.  The applicant held MOS 11B and he was assigned to an infantry company.  According to the citation for the award of the Valorous Unit Award the 
2nd Brigade, of which his unit was a part, was involved in 66 days of continuous combat.  It is reasonable to conclude his unit was involved in some or all of this combat.  Therefore, in the absence of evidence showing he was anywhere other than with his assigned unit, there is sufficient evidence to award him the Combat Infantryman Badge.  In addition, he is authorized the Valorous Unit Award.

4.  The applicant's records do not show indiscipline or lost time, and 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 15 September 1965 to 14 September 1967 ending with termination of a period of Federal military service.

5.  He participated in two campaigns in the Republic of Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.

6.  Based on his service with the 1st Battalion (Mechanized), 5th Infantry he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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.  amending HQ, 25th Infantry Division GO Number 191, dated 11 June 1966, to show the correct spelling of the applicant's last name as "XXRX" instead of "XXEX."

	b.  awarding him the:

		(1)  Purple Heart with First Oak Leaf Cluster for wounds received as a result of hostile action in the Republic of Vietnam on 18 June 1966;

		(2)  Army Good Conduct Medal (First Award) for service from 
15 September 1965 to 14 September 1967; and

		(3)  Combat Infantryman Badge effective 4 April 1966.

	c.  amending his DD Form 214 by deleting the Purple Heart and Vietnam Service Medal with 1 bronze service star and adding the:

* Purple Heart (2 Awards)
* Army Good Conduct Medal
* Valorous Unit Award
* Vietnam Service Medal with 2 bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _  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)                                         AR20140006282



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ABCMR Record of Proceedings (cont)                                         AR20140006282



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