BOARD DATE:	 23 April 2015

		DOCKET NUMBER:  AR20140014873 


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 to show the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, he was an Infantryman in the Republic of Vietnam (RVN) and received an injury to his head.  He received a PH Certificate on 17 January 1969, and it is not indicated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also asks that the CIB be added to his record.  

3.  The applicant provides a copy of his PH Certificate and his DD Form 214.

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 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.  On 1 July 1968, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

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

* Item 31 (Foreign Service) - he served in the RVN from 14 December 1968 to 5 April 1969
* item 38 (Record of Assignments) - from 22 December 1968 through on or about 4 April 1969 he was assigned to duty in the RVN with Troop A, 3rd Squadron, 4th Cavalry, 25th Infantry Division then on 5 April 1669 he was a patient at Fort Benning, GA 
* item 40 (Wounds) – fragment wounds to head and multiple fragment wounds to body on 17 January 1969
* item 41 (Awards and Decorations) – Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars; no entry for the PH

4.  His records do not contain orders awarding him the CIB.  

5.  On 3 July 1970, the applicant was honorably released from active duty in the rank and grade of sergeant (SGT)/pay grade E-5 and transferred to the U.S. Army Reserve.  He was issued a DD Form 214 showing his foreign service in the U.S. Army Pacific was 4 months and 22 days.  He received the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* Sharpshooter Marksmanship Qualification Badge with Rifle

6.  His record is void of documentation showing he was the subject of disciplinary action during his active duty service or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM).  He received "excellent" conduct and efficiency ratings.  

7.  Headquarters, 24th Evacuation Hospital General Orders Number 14, dated 18 January 1969, awarded the applicant the PH for wounds received in action on 17 January 1969.




8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  The 4th Calvary, 3rd Squadron was issued the:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 January 1969 through 31 March 1969 by Department of the Army General Order (DAGO) 43 dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period of 1 April 1969 through 30 April 1970 by DAGO 5 dated 1973

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

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the VSM.

	b.  Table B-1 includes the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnamese Counteroffensive Phase VI (2 November 1968 through 22 February 1969) 
* TET 69/Counteroffensive (23 February 1969 through 8 June 1969) 

      c.  The 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 unless injured in combat and medically evacuated to the United States in a patient status.  

   d.  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.   Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the CIB 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 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.  However, unknown ratings are not disqualifying for an award of the AGCM.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows orders announced award of the PH to the applicant for wounds he incurred on 17 January 1969 in the RVN.  He is entitled to correction of his DD Form 214 for the period ending 3 July 1970 to show this award.

2.   He received "excellent" conduct and efficiency ratings during his service and was promoted to SGT.  There is no record of any disciplinary action in his record.  Based on his overall record of service, it appears an administrative error occurred resulting in him not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 1 July 1968 to 3 July 1970, and to correct his DD Form 214 to show this award.

3.  The applicant served in a unit during a period for which it was cited twice for the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  The Sharpshooter Marksmanship Qualification Badge with Grenade Bar is listed on his DA Form 20; therefore, this badge should be added to his DD Form 214. 

5.  He served in the RVN during two campaigns.  Therefore, he is entitled to two bronze service stars to be worn on his already-awarded VSM.

6.  He is eligible for the RVN Campaign Medal with Device (1960).  

7.  He was awarded MOS 11D.  He was assigned to an infantry unit of brigade, regimental or smaller size as an infantryman when he received a wound to his head due to hostile fire in the RVN.  The fact that he was wounded as a result of hostile action is evidence he served in active ground combat.  Therefore, there is sufficient evidence to award him the CIB and to add this award to his DD Form 214.



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 AGCM (1st Award) for the period of 1 July 1968 to 3 July 1970 and the CIB for action on 17 January 1969;

   b.  deleting the VSM from his DD Form 214; and 

   c.  adding to his DD Form 214 the: 

* PH
* CIB
* VSM with two bronze service stars
* AGCM (1st Award)
* RVN Gallantry Cross with Palm Unit Citation (Second Award)
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Grenade 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)                                         AR20120019420



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ABCMR Record of Proceedings (cont)                                         AR20140014873



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