IN THE CASE OF:	  

		BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140015277 


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 add the Combat Infantryman Badge.

2.  The applicant states he served in Vietnam from 1967 to 1968, where he received the Purple Heart.

3.  The applicant provides 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 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 18 January 1966, held military occupational specialty (MOS) 11B (Light Weapons Infantryman), and attained the rank/grade of sergeant (SGT)/E-5.

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

	a.  He served in the Republic of Vietnam from 24 June 1967 to 19 June 1968, where he was assigned to:

		(1)  Company B, 1st Battalion (Airborne), 327th Infantry Regiment, from 
29 June 1967 to 16 November 1967; and

		(2)  Company D, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division, from 17 November 1967 to 18 June 1968.

	b.  Item 40 (Wounds) shows he received the following wounds as a result of hostile enemy action:

* fragmentation wounds to the right side and back on 7 July 1967
* fragmentation wounds to the right shoulder on 15 April 1968
* fragmentation wounds to the left leg on 27 April 1968

4.  His name is only listed on the Vietnam casualty roster only once.  The entry shows he was wounded in action on 7 July 1967.

5.  General Orders (GO) Number 1917, issued by Headquarters, 4th Infantry Division, Vietnam, on 12 May 1968 awarded him the Bronze Star Medal with "V" Device.  The citation reads:

For heroism in connection with military operations against an armed hostile force in the Republic of Vietnam.  [Applicant] distinguished himself while serving as a Squad Leader with Company D, 1st Battalion, 35th Infantry [Regiment], 4th Infantry Division.  On         15 April 1968, [Applicant]'s company became engaged in a heavy fire-fight while attempting to aid its sister company which was also under heavy fire from a superior-size enemy force.  [Applicant] quickly moved forward to provide covering fire for the evacuation of the wounded.  After forced to pull back because of an inoperative rifle, he quickly obtained another and rushed back to the front to continue covering fire for his fellow Soldiers.  As a result of his brave actions, many wounded were safely evacuated without any further casualties…

6.  He was honorably released from active duty on 17 January 1969.  His 
DD Form 214 shows he completed 3 years of net active service, of which a period of 11 months and 26 days was credited as foreign service.

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the:

* Purple Heart
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

	b.  Item 30 (Remarks) does not show his Vietnam Service.

7.  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 Combat Infantryman Badge: the Soldier must be an serving as 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 while in action against an 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.

	c.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, he was credited with participating in the following three campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)


8.  Army Regulation 600-200 (Enlisted Personnel Management System) prescribes policies, responsibilities, and procedures pertaining to the career
management of Army enlisted personnel.  Chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

9.  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 1st Battalion, 35th Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1967 to 28 July 1969, by Department of the Army General Orders (DAGO) Number 38, dated 1970 and amended by DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 to 31 October 1969, by DAGO Number 53, dated 1970

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The instructions specified for:

	a.  Item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20, omitting authorities cited therein; and

	b.  Item 30 (Remarks), indicate Indochina and Korea service performed on or after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "Yes" or "No" for the service in Indochina and Korea.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "Yes" for Indochina.  For example, service in Vietnam should be shown as "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No."




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as an infantryman and he satisfactorily performed his infantry duties.  On 15 April 1968, he participated in active ground combat with his infantry unit in Vietnam.  As such, he meets the criteria for award of the Combat Infantryman Badge, and he is entitled to correction of his DD Form 214 to add this badge.

2.  General orders awarded him the Bronze Star Medal with "V" Device, which is not shown on his DD Form 214; therefore, he is entitled to correction of his      DD Form 214 to add this award.

3.  The applicant's DA Form 20 shows he was wounded by hostile fire, while serving in the Republic of Vietnam, on 7 July 1967, 15 April 1968, and 27 April 1968.  However, the Vietnam casualty roster shows one instance in which he was hospitalized to receive treatment for his wounds (received on 7 July 1967), and his DD Form 214 reflects only one award of the Purple Heart.

4.  Despite the entries on the Vietnam casualty roster, or lack thereof, the entries on his DA Form 20 are sufficient to show he was wounded in action and received treatment for his wounds on three separate occasions.  As such, he is entitled to two additional awards of the Purple Heart and to correction of His DD Form 214 to show these additional awards.

5.  He participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to have three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

6.  General orders awarded his unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned.  Theses unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

7.  His record confirms he served in Vietnam from 24 June 1967 to 19 June 1968.  Therefore, he is entitled to correction of item 30 of his DD Form 214 to show this service.






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 Combat Infantryman Badge for action on 15 April 1968;

   b.  awarding him the Purple Heart (2nd Award) for wounds received in action on 15 April 1968 and the Purple Heart (3rd Award) for wounds received in action on 27 April 1968;

	c.  amending item 24 of his DD Form 214 by deleting the Purple Heart and the Vietnam Service Medal with two bronze service stars and adding the:

* Bronze Star Medal with "V" Device
* Purple Heart (3rd Award)
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	d.  amending item 30 of his DD Form 214 by adding the entry, "Vietnam –     24 June 1967 to 19 June 1968, Indochina – Yes, Korea – No."



      _______ _   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)                                         AR20140015277





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ABCMR Record of Proceedings (cont)                                         AR20140015277



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