IN THE CASE OF:
	  

		BOARD DATE:  12 February 2015	  

		DOCKET NUMBER:  AR20140010701 


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, in effect, award of the Purple Heart and Combat Infantryman Badge (CIB).  He further requests correction of his DD Form 214 (Report of Separation from Active Duty) to show the Expert Marksmanship Qualification Badge with Pistol (.45 Caliber), Grenade, and Rocket Launcher Bars and any other awards to which he is entitled.

2.  The applicant states, in effect, all of the records pertaining to his courts-martial, instances of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), and awards of qualification badges, Purple Heart, and CIB should be corrected as necessary for accurate accountability.  

	a.  He served in Vietnam and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was awarded the Expert Marksmanship Qualification Badge with Pistol (.45 Caliber), Grenade, Rocket Launcher bars.  He also received multiple head traumas and his ear drums were destroyed.

	b.  There was a second lieutenant who could verify his awards, weapons qualifications, and injuries.  He also stated that his full record never made it back to the United States after he returned from Vietnam and that it is not his fault the Army failed to keep accurate records.

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


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 enlisted in the Regular Army on 22 December 1971 and held MOS 11B.  The highest rank/grade he attained while serving on active duty was private first class/E-3.

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

	a.  Items 31 (Foreign Service) and 38 (Record of Assignments) show he was assigned to:

		(1)  Vietnam, from 12 June 1972 to 18 September 1972, where he served with Company E, 14th Infantry Regiment as a security guard from 17 June 1972 until 18 September 1972;

		(2)  U.S. Army Correctional Holding Detachment, Vietnam as a prisoner from 19 September 1972 through 26 September 1972; 

		(3)  U.S. Army Correctional Training Facility, Fort Riley, Kansas as a prisoner in confinement/training from 27 September 1972 to 22 November 1972; and

		(4)  Basic Training Command Group, Fort Jackson, South Carolina from 12 December 1972 to 8 February 1974.
	
	b.  Item 40 (Wounds) does not contain any entries.

	c.  Item 41 (Awards and Decorations) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) but does not list the Purple Heart, CIB, or any Expert Marksmanship Qualification Badges.

4.  He accepted NJP under the provisions of Article 15 of the UCMJ on 7 August 1972, for falling asleep at his post in a sentinel tower in Vietnam on 5 August 1972.

5.  Special Court-Martial Order Number 40, issued by Headquarters, U.S. Army Installation, Long Binh, Vietnam on 22 September 1972, convicted him of falling asleep at his post as a walking sentinel on 1 September 1972 and falling asleep at his post in a sentinel tower on 6 September 1972.  

6.  He accepted NJP under the provisions of Article 15 of the UCMJ on              24 January 1973, for being absent from his place of duty from 17 January 1973 to 18 January 1973.

7.  The Vietnam casualty roster is a microfiche listing of Vietnam Era casualties that is used to verify entitlement to the Purple Heart.  The applicant's name does not appear on this roster.

8.  His record does not contain any orders that show he was awarded the CIB, Purple Heart, or any Expert Marksmanship Qualification Badges.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command, failed to reveal any orders that show the applicant was awarded the Purple Heart or any Expert Marksmanship Qualification Badges.   

10.  He was honorably released from active duty on 8 February 1974.  His       DD Form 214 shows he completed 1 year, 11 months, and 27 days of net active service, with 3 months and 7 days of foreign service, and 50 days of lost time.  Additionally, his DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Vietnam Service Medal.

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

	a.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	b.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

	c.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events. An appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes; expert, sharpshooter, and marksman.  Only the following weapons listed in table 8–2 are authorized component bars:  Rifle, Pistol, Anti-aircraft Artillery, Auto Rifle, Machinegun, Field Arty, Tank Weapons, Flamethrower, Submachine Gun, Rocket Launcher, Grenade, Carbine, Recoilless rifle, Mortar, Bayonet, Small bore rifle, Small bore pistol, and Missile.  Marksmanship badges awarded for previous marksmanship weapons qualification is automatically revoked whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

	d.  Bronze service stars are authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Cease-Fire campaign (30 March 1972 to 28 January 1973).  

12.  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 Headquarters, U.S. Army Vietnam and its subordinate units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The Board carefully considered the applicant's request for award of the Purple Heart and CIB, and correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Pistol, Grenade, and Rocket Launcher Bars and various other awards to which he may be entitled.

2.  The evidence shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  This marksmanship qualification badge is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.  

3.  The evidence shows he participated in one campaign while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one bronze service star to be affixed to his previously-awarded Vietnam Service Medal.

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

5.  With respect to his request for award of the Purple Heart, the criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  His service record is void of any evidence that shows he was wounded or injured as a result of enemy action.  Therefore, absent such evidence, there is an insufficient basis for granting this portion of the applicant's request.

6.  With respect to his request for award of the CIB, the applicant's infantry MOS and service with an infantry unit in Vietnam are noted.  However, there is no evidence in the available records and he has not provided substantiating evidence that shows he was awarded the CIB or that he participated in active ground combat while his infantry unit was actively engaged with enemy forces.  Therefore, absent such evidence, there is an insufficient basis for granting this portion of the applicant's request.

7.  With respect to his request for award of the Expert Marksmanship Qualification Badge with Pistol (.45 Caliber), Grenade, and Rocket Launcher Bars, there is no evidence of record, and the applicant has not provided any evidence that shows he was awarded any of these marksmanship badges.  As such, there is insufficient evidence to justify correction of his DD Form 214 to add these badges.

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 amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Vietnam Service Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* 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 awarding him the Purple Heart or the Combat Infantryman Badge, or correcting his records to show he was awarded the Expert Marksmanship Qualification Badge with Pistol (.45 Caliber), Grenade, or Rocket Launcher Bars.



      
      ____________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)                                         AR20140010701





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ABCMR Record of Proceedings (cont)                                         AR20140010701



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