IN THE CASE OF:  

		BOARD DATE:  21 May 2015

		DOCKET NUMBER:  AR20140017737 


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 award of:

* Purple Heart
* Combat Infantryman Badge (CIB)

2.  The applicant states he was awarded the Purple Heart, but it was not reflected on his DD Form 214.  He further contends that his unit awarded the CIB to Soldiers after they were in the Republic of Vietnam (RVN) for 30 days or had three engagements with the enemy.  He completed both of these requirements.  He held military occupational specialty (MOS) 11B (Light Weapons Infantryman) in the RVN.  After he was wounded, his MOS was changed to 71H (Personnel Specialist).  When he was discharged he did not check his records.  At the time, all he wanted to do was forget.  Now, he is attempting to address his post traumatic stress disorder by getting his records corrected.

3.  The applicant provides copies of:

* A DD Form 214 (Copy 4)
* A certificate for award of the Purple Heart, dated 21 March 1968
* Service Medical Records, circa 1968 (5 pages)



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.  On 16 August 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded primary MOS 11B.

3.  On or about 7 February 1968, the applicant departed the United States for duty in the RVN.  On 11 February 1968, he was assigned for duty as a rifleman with Company B, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, Americal Division.

4.  On or about 14 March 1968, the applicant was a patient in the 106th General Hospital.

5.  General Orders Number 1723, Americal Division, dated 2 April 1968, announced the applicant's award of the Purple Heart for wounds received in connection with military operations against a hostile force on 11 March 1968.

6.  On or about 16 April 1968, the applicant was medically evacuated from the RVN.  He was subsequently assigned for duty at Fort Polk, Louisiana.  On 26 July 1968, the applicant was awarded a primary MOS of 71H.

7.  Effective 15 August 1969, the applicant was released from active duty (REFRAD) and transferred to the U. S. Army Reserve.  His DD Form 214 for this period of active duty service lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun and Rifle Bars (M-60, M-16)
8.  On 16 August 1969, the applicant was ordered back to active duty as a Reservist and assigned to Fort Polk.  He was REFRAD on 15 October 1969.  He had completed a total of 2 years and 2 months of creditable active duty service.  His DD Form 214 for this period of active duty service shows his award of the National Defense Service Medal.

9.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 38 (Record of Assignments): that his conduct and efficiency ratings were recorded as excellent and unknown.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing that the commander took any action to deny him the Army Good Conduct Medal (AGCM).

	b.  Item 40 (Wounds): that he received a gunshot wound to his left shoulder on 11 March 1968.

10.  Army Regulation 600-8-22 (Military Awards):

	a.  states 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.

   b.  states in Appendix B that based on the applicant's dates of service in the RVN, he participated in the Tet Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of:

* Purple Heart
* CIB

2.  General orders show the applicant was awarded the Purple Heart for wounds received in action.  Therefore, this medal should be shown on his DD Form 214 ending on 15 August 1969.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  The evidence clearly shows that the applicant held an infantryman MOS and was assigned to an infantry company as a rifleman.  He received a gunshot wound on 11 March 1968 resulting in his award of the Purple Heart.  Therefore, it is reasonable to presume he had engaged the enemy as an infantryman.  Accordingly, it would be appropriate to now award him the CIB.

5.  Records show that the applicant participated in one campaign period during his service in the RVN.  Therefore, he is authorized to wear one bronze service star on his already-awarded Vietnam Service Medal.

6.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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 for the period 16 August 1967 to 15 August 1969;

	b.  deleting from his DD Form 214 ending on 15 August 1969, the Vietnam Service Medal; and

	c.  adding to the same DD Form 214:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge




      _______ _   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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20140017737



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