IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140014027 


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 the Purple Heart and the Combat Infantryman Badge. 

2.  The applicant states he believes he should have received the Purple Heart due to the severe combat injuries received in Vietnam.  He was transferred and hospitalized stateside for a number of months.  He currently receives service-connected disability compensation for his injuries.  He also did not receive the Combat Infantryman Badge to which he believes he was entitled.  He does not see anywhere on his records where it shows the Purple Heart or the Combat Infantryman Badge. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Special Orders Number 37 (assignment to U.S. Army Hospital)
* Department of Veterans Affairs (VA) benefits certification letter

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 1967 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  He served in Vietnam from 10 January to 3 February 1968.  He was assigned to Company C, 3rd Battalion, 12th Infantry.  

4.  He was wounded in Vietnam on 28 January 1968 as a result of hostile action. A Western Union telegram confirms he received a gunshot wound to the chest while he was on a combat assault mission when engaged in a firefight with a hostile force.  

5.  He was treated at the 71st Evacuation Hospital and the U.S. Army Hospital at Camp Zama.  He was then evacuated to Valley Forge General Hospital, PA, on 13 February 1968, and following treatment, he was reassigned to Fort Polk, LA. 

6.  General Orders (GO) Number 25, issued by Headquarters, 71st Evacuation Hospital on 30 January 1968, awarded him the Purple Heart for wounds received in action on 28 January 1968. 

7.  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.  

8.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 6 August 1969.  His DD Form 214 shows he completed 2 years of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
9.  Army Regulation 600-8-22 (Military Awards) states 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 (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.

10.  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.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 3rd Battalion, 12th Infantry his unit was cited for awards of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 28 July 1969 by DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 October 1966 to 31 October 1969, by DAGO Number 53, dated 1970

12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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:  the Vietnam Counteroffensive, Phase III, (1 June 1967 to 29 January 1968) and the TET Counteroffensive (30 January 1968 to 1 April 1968). 

	b.  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 six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  The applicant held an infantry MOS and he was assigned to an infantry unit.  He was wounded in Vietnam on 28 January 1968 as a result of hostile action.  He received a gunshot wound to the chest while he was on a combat assault mission when engaged in a firefight with 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.  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 was awarded the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars. 

5.  His unit in Vietnam was awarded the 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. 

6.  He served honorably from 7 August 1967 through 6 August 1969.  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.
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 1967 through 6 August 1969
* awarding him the Combat Infantryman Badge effective 28 January 1968
* deleting from his DD Form 214 the Vietnam Service Medal and 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)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20140014027



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ABCMR Record of Proceedings (cont)                                         AR20140014027



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