BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140016629 


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 Combat Infantryman Badge. 

2.  The applicant states he was assigned to Company A, 4th Battalion, 11th Light Infantry Brigade, 1st Americal Division in Vietnam.  He was awarded the Purple Heart and he was medically separated.  The Combat Infantryman Badge is not shown on his DD Form 214.  He held an infantry specialty and served in combat. He engaged the enemy and should have this award on his DD Form 214.

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's records show he enlisted in the Regular Army on 20 November 1968.  He was trained in and held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  Special Orders (SO) Number 34, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, on 3 February 1969, awarded him the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar 

4.  SO Number 73, issued by Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Fort Dix, NJ, on 2 April 1969, awarded him the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  He served in Vietnam from on or about 21 July 1969 to 6 January 1970.  He was assigned to the 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade, Americal Division. 

6.  He was wounded in Vietnam on 6 January 1970 as a result of hostile action.  He sustained fragment wounds to both legs and his left arm while when a hostile booby trap detonated.  He was treated at the 27th Surgical Hospital in Vietnam and then the 249th General Hospital before being transferred to Valley Forge General Hospital, PA. 

7.  General Orders (GO) Number 3, issued by Headquarters, 27th Surgical Hospital on 8 January 1970 awarded him the Purple Heart for wounds received in action on 6 January 1970. 

8.  Following treatment, he was placed on the temporary disability retired list in his retired rank/grade of specialist four (SP4)/E-4 on 22 September 1970.  His DD Form 214 shows he completed 1 year, 10 months, and 2 days 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
* Vietnam Campaign Medal with Device 1960
* Purple Heart

9.  He was ultimately removed from the TDRL and permanently retired on 31 July 1972. 
10.  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 Vietnam Summer - Fall 1969 (9 June to 31 October 1969) and Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970) campaigns.

11.  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 (except for an unknown rating while enroute from Fort Benning to the U.S. Army Pacific).

12.  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.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 4th Battalion, 21st Infantry Regiment, from 5 August 1969 to 6 January 1970, in Vietnam, this unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 24 August 1969 to 31 December 1969, by DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and he was assigned to an infantry unit.  He was wounded in Vietnam on 6 January 1970 as a result of hostile action.  He sustained fragment wounds to his legs and arm while on a combat operation when a hostile booby trap detonated.  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. 

2.  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.  

3.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  None 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. 

4.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period coinciding with his assignment to that unit.  Therefore, his DD Form 214 should be corrected to show this unit award. 

5.  He served honorably from 20 November 1968 through 22 September 1970.  He served in Vietnam, attained the rank/grade of SP4/E-4, 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 20 November 1968 through 22 September 1970
* awarding him the Combat Infantryman Badge effective 6 January 1970
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* two bronze service stars to his already-awarded Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140016629





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ABCMR Record of Proceedings (cont)                                         AR20140016629



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