IN THE CASE OF:  	  

		BOARD DATE:  7 May 2015	  

		DOCKET NUMBER:  AR20140016361 


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 ward of the Purple Heart and the Combat Infantryman Badge (CIB).

2.  The applicant states that he was awarded the Purple Heart for wounds received in Vietnam, but it is not reflected on his DD Form 214.  He also states that he believes he should have been awarded the CIB for his service as a machine gunner for Company A, 2nd Battalion, 502nd Infantry Regiment.

3.  The applicant provides a copy of the 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 into the Army of the United States on 28 April 1970.  He completed his one-station unit training as a light weapons infantryman at Fort Ord, California and was transferred to Vietnam on 11 October 1970 for assignment to Company A, 2nd Battalion, 502nd Infantry Regiment.  He was advanced to the pay grade of E-4 on 1 November 1971.

3.  On 22 January 1971, after serving in one campaign, the applicant was wounded and he was awarded the Purple Heart in General Orders Number 14, issued by the 85th Evacuation Hospital on 23 January 1971.

4.  He was transferred to a hospital in Japan and then to a hospital at Fort McArthur, California where he remained until he was retired by reason of permanent disability on 12 April 1972.  He had served 1 year, 11 months and 
15 days of active service.  The DD Form 214 he was issued at the time of retirement shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.

5.  A review of his official records show that he had all “excellent” conduct and efficiency ratings throughout his service and his record is void of derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal (AGCM).

6.  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 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 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.

7.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

8.  Army Regulation 600-8-22 states 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but were wounded as a result of hostile action.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

10.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal including the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving as an infantryman in an infantry company in Vietnam when he was wounded in action and was awarded the Purple Heart.  Accordingly, he meets the qualifications for award of the CIB.  Therefore, the CIB and Purple Heart should be added to his DD Form 214.

2.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and it should be added to his
DD Form 214.

3.  The applicant served in one campaign in Vietnam and is entitled to wear one bronze service star on his already-awarded Vietnam Service Medal and to have it added to his DD Form 214.

4.  After carefully examining the applicant’s record of service, it appears the applicant should have received the AGCM (1st Award) for his service from 
28 April 1970 through 12 April 1972.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM (1st Award) and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

5.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.




BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* deleting the Vietnam Service Medal from item 24 of his DD Form 214
* awarding him the CIB, effective 22 January 1971
* awarding him the AGCM (1st Award) for the period 28 April 1970 through 12 April 1972
* adding the Vietnam Service Medal with one bronze service star, Purple Heart, CIB, Republic of Vietnam Campaign Medal with Device (1960), AGCM (1st Award), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20140016361



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ABCMR Record of Proceedings (cont)                                         AR20140016361



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