IN THE CASE OF:	   

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140010773 


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 (Report of Transfer or Discharge) by adding the Purple Heart and the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, he was wounded in action on 7 January 1969. 

3.  The applicant provides a copy of the 9 January 1969 orders awarding him the Purple Heart.

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 on 3 January 1968.  He completed basic training and advanced individual training in military occupational specialty (MOS) 11B as an infantryman and then completed the Noncommissioned Officer (NCO) Candidate and NCO Combat Leadership courses.

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

	a.  item 36 (Record of Assignments) – 

* arrived in Vietnam on 27 November 1968, spent a week at the Americal Division Combat Center
* was assigned, as a squad leader in MOS 11B40, to Company B, 3d Battalion, 1st Infantry, 11th Infantry Brigade on 7 December 1967
* was a patient at Camp Zama, Japan on 22 January 1969
* reported to Fort Ord, California on 22 May 1969 
* all of his assigned conduct and efficiency readings were excellent

	b.  item 41 (Awards and Decorations)

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar
* Vietnam Service Medal

4  Orders in his record awarded him the marksmanship badges mentioned above and the Purple Heart.

5.  He was released from active duty on 18 December 1968 and transferred to the Army Reserve as a sergeant (pay grade E-5).

6.  Item 24 (Decorations, Awards, etc.) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

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

	a.  The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant participated in the Vietnam Counteroffensive Phase VI Campaign which extended from 2 November 1968 to 22 February 1969.

	c.  The Republic of Vietnam (RVN) Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal but served for less than six months of service because they were wounded as a result of hostile action, captured or killed in action or otherwise in line of duty

9.  Army Regulation 672-5-1 (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 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  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 the applicant's battalion was cited for award of the RVN Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 by Department of the Army General Order (DAGO) Number 2 of 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Purple Heart and the CIB be added to his 
DD Form 214.

2.  The applicant was wounded in action on 7 January 1969 while serving as an infantryman with an infantry company.  He was awarded the Purple Heart and is clearly eligible for award of the CIB.  His asking that it be added to his DD Form 214 rather than be awarded, which indicates that he knows that the CIB had already been awarded.

3.  The applicant is also authorized the Vietnam Service Medal with one bronze service star, the RVN Campaign Medal with Device (1960), and the RVN Gallantry Cross with Palm Unit Citation.   

4   The applicant distinguished himself by his record of exclusively excellent conduct and efficiency ratings during a qualifying period of active duty service.  Notwithstanding the absence of a unit commander's recommendation, he should be awarded the Army Good Conduct Medal.  (In actual practice very few Vietnam era Soldiers who served less than 3 full years of active duty were awarded the Good Conduct Medal.) 

5.  The applicant was wounded and evacuated before he completed the normally required 6 months.  He is therefore qualified for the RVN Campaign Medal with Device (1960).

6.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation.

7.  Orders in his record show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-4) Bar, Marksman Marksmanship Qualification Badge with Machinegun Bar and the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar.

8.  In view of the foregoing findings and conclusions, it is appropriate to correct the applicant's records as recommended below.

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 3 January 1968 through 18 December 1969;

	b.  deleting the awards currently shown in item 24 of his DD Form 214; and

	c.  showing in item 24 of his DD Form 214 that his awards consist of the – 

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with Device (I960)
* RVN Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle and Auto Rifle Bar 
* Marksman Marksmanship Qualification Badge with Machinegun 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)                                         AR20140010773



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ABCMR Record of Proceedings (cont)                                         AR20140010773



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