IN THE CASE OF:	  

		BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140007463 


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 following awards:

* Bronze Star Medal (BSM)
* Army Commendation Medal (ARCOM)
* Combat Infantryman Badge (CIB)
* Purple Heart

2.  The applicant states the requested awards are not listed on his DD Form 214.  He was offered the Purple Heart in July 1971 after evacuation from Fire Support Base (FSB) Ripcord.

3.  The applicant provides the following:

* Orders for the BSM
* Orders, certificate, and citation for the ARCOM
* DD Form 62 (Statement of Acceptability)
* DA Form 2139-1 (Military Pay Voucher)
* Selective Service Order to Report for Armed Forces Physical
* Memorandum, subject:  Request for award of the CIB
* A magazine article titled “Rendezvous at Ripcord”
* A self-authored statement



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 into the Army of the United States on 27 January 1969.  After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman).  The highest rank/grade he attained while on active duty was sergeant/E-5.  

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to duty in Vietnam with 2nd Battalion, 501st Infantry Regiment, from 6 May 1970 to 
18 January 1971.  His principal duty was listed as team leader.  Item 40 (Wounds) is blank, providing no indication he was wounded during his service in Vietnam.

4.  He was honorably released from active duty on 24 January 1971.  His 
DD Form 214 shows he completed 1 year, 11 months, and 28 days of net active service.  His DD Form 214 shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Mortar Bar (81 mm)
* Vietnam Service Medal
* One overseas service bar
 
5.  His records are void of documentation that shows he was awarded the CIB.

6.  A 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for the CIB pertaining to the applicant.

7.  General Orders Number 13387, dated 7 November 1970, issued by Headquarters, 101st Airborne Division, awarded him the BSM for meritorious service.

8.  General Orders Number 14777, dated 18 December 1970, issued by Headquarters, 101st Airborne Division, awarded him the ARCOM for meritorious achievement.

9.  There are no general orders in his service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that shows he was wounded in action or treated for wounds as a result of hostile action in Vietnam.  His name is not listed on the Vietnam casualty roster.

10.  He provides a memorandum, subject:  Request for Award of the CIB, dated 18 January 1971, signed by his company commander, requesting the applicant be awarded the CIB.  The request states the applicant was serving in an infantry unit actively engaged in combat with a hostile force.

11.  He provides a magazine article, dated September 2010, describing combat action that took place in July 1970 at FSB Ripcord.  The article describes heavy fighting with numerous U.S. casualties.  He was not identified in the article.  
  
12.  Army Regulation 600-8-22 (Military Awards) states the 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, regimental, or smaller size.

13.  Army Regulation 600-8-22 states that the Purple Heart is awarded for 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.

14.  A review of his records indicates entitlement to additional awards not listed on his DD Form 214.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following two campaigns:

* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (l July 1970 - 30 June 1971) 
 
16.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the BSM and the ARCOM.  Therefore, his       DD Form 214 should be corrected to show these awards.

2.  He served as an infantryman in an infantry unit during his service in Vietnam.  He was awarded the BSM and the ARCOM, he was promoted to SGT/E-5, and he served as a team leader during his tour in Vietnam.  Additionally, his former commander requested award of the CIB for him. 

3.  In view of the available evidence and in the absence of any evidence to the contrary, it is reasonable to presume that he was present for duty with his unit when the unit was engaged in active ground combat and that he actively participated in the ground combat.  Therefore, it would be appropriate to award him the CIB effective 18 January 1971 and correct his DD Form 214 to show this badge.

4.  He participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  There is no evidence in his military records that indicates he was wounded as a result of hostile action or that he was offered award of the Purple Heart.  In the absence of evidence showing he was wounded as the result of hostile action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of official record, there is an insufficient basis upon which to award him the Purple Heart or add the award 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 the evidence presented is 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 January 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal 
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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 Purple Heart.  




      ___________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)                                         AR20140007463



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ABCMR Record of Proceedings (cont)                                         AR20140007463



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