IN THE CASE OF:  	 

		BOARD DATE:  9 April 2015	  

		DOCKET NUMBER:  AR20140013630 


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 Purple Heart, Combat Infantryman Badge, and Air Medal. 

2.  The applicant states the awards are missing from his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Special Orders (SO) Number 7224, Air Medal
* Certificate for award of the Purple Heart 
* Letter from his former command sergeant major (CSM) regarding the Combat Infantryman Badge 

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 7 August 1968 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  SO Number 294, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, on 19 November 1968, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 

4.  He served in Vietnam from on or about 13 January 1969 to 20 April 1969      (3 months and 8 days).  He was assigned to Company C, 1st Battalion, 502nd Infantry Regiment, 101st Airborne Division. 

5.  He was wounded in Vietnam on 13 April 1969 as a result of hostile action.  He sustained a fragment wound to the right arm while on a combat operation when his unit encountered a hostile force.  He was treated at the 7th Field Hospital in Vietnam. 

6.  His records do not contain orders awarding him the Purple Heart; however, he provides a certificate, dated 19 May 1969, showing he was awarded the Purple Heart for wounds received in action on 13 April 1969.

7.  Following treatment, he was reassigned to 1st Battalion, 32nd Infantry, 7th Infantry Division, Korea, from on or about 1 July 1969 to on or about 9 March 1970.  

8.  Headquarters, 101st Airborne Division, published the following General Orders (GO): 

* GO Number 7224, on 19 June 1969, awarding him the Air Medal for meritorious achievement on 12 March 1969
* GO Number 9821, on 28 July 1969, awarding him the Army Commendation Medal for meritorious achievement from 1 February to 30 June 1969 

9.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 9 March 1970.  His DD Form 214 shows he completed 1 year, 7 months, and 3 days of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  On 20 May 1970, the CSM, 1st Battalion, 32nd Infantry, Korea, corresponded with the applicant and forwarded to him the Air Medal and Combat Infantryman Badge with an apology for the delay.  The CSM informed him that he may take copies of the orders authorizing him the awards to the nearest military installation and be issued the awards. 

11.  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.  Additionally, Appendix V of U.S. Army Vietnam 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.

	c.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  He participated in the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)

	d.  The Republic of Vietnam 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.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

	e.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that 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 in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 1st Battalion, 502nd Infantry, from 13 January to 20 April 1969 in Vietnam, this unit was cited for awards of the: 

* Valorous Unit Award, for service from 12 March to 8 May 1969, by DAGO Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 August 1968 to 14 May 1969, by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 18 March 1968 to 2 May 1970, by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded as a result of hostile action in Vietnam on 13 April 1969 and he was treated at the 71st Field Hospital.  He provides a certificate confirming award of the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart. 

2.  The applicant held an infantry MOS and he was assigned to an infantry unit.  He was wounded in Vietnam on 13 April 1969 as a result of hostile action.  He sustained a fragment wound to the arm while on a combat operation when his unit encountered a hostile force.  This clearly shows he was personally present and engaging the enemy with his infantry unit.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this badge. 

3.  Although he did not complete 6 months of service in Vietnam, his tour was interrupted by a combat injury that required evacuation/transfer out of Vietnam.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show it.

4.  He served a qualifying period of service for award of the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.  

5.  GO awarded him the Air Medal and Army Commendation Medal.  Neither 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. 

6.  SO awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Neither of these badges is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

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

8.  He served honorably from 7 August 1968 through 9 March 1970.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

9.  The applicant served in Korea from July 1969 to March 1970, a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 August 1968 through 9 March 1970
* awarding him the Combat Infantryman Badge effective 13 April 1969
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation





* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Korea Defense Service Medal




      ___________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)                                         AR20140013630



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ABCMR Record of Proceedings (cont)                                         AR20140013630



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