IN THE CASE OF:  	  

		BOARD DATE:  18 June 2015	  

		DOCKET NUMBER:  AR20140019047 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of:

* Purple Heart (2nd Award)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* all Service Ribbons for which he is eligible, to include the Overseas Service Ribbon
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states his DD Form 214 does not show any awards or decorations except for his Marksmanship Qualification Badges.

3.  The applicant provides his DD Form 214 for the period ending 16 March 1966.

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 11 December 1963.  After completing initial training, he was awarded military occupational specialty 111.00 (later changed to 11B Light Weapons Infantryman).  The highest rank/grade held was sergeant/E-5.

3.  He served in Vietnam from on or about 17 August 1965 to on or about 3 December 1965 (a period of 3 months and 17 days).  While in Vietnam, he was assigned to Company C, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division.  He has qualifying service for one campaign (Vietnam Defense Campaign - 8 March 1965 to 24 December 1965).

4.  He was honorably released from active duty on 16 March 1966.  His DD Form 214 shows he completed 2 years, 3 months, and 6 days of net active creditable service.  His DD Form 214 shows he was awarded or authorized:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rocket Launcher Bar 
(M-79)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 cal)

5.  His DA Form 20 shows the following entries:

	a.  Item 38 (Record of Assignments) shows:

* Principal Duty as a Machine Gunner in Company C, 2nd Battalion, 7th Cavalry Regiment from on or about 17 September 1965 to on or about 2 December 1965
* Principal Duty as Patient at Walter Reed Army Medical Center from on or about 3 December 1965 until his discharge on 16 March 1966
* All entries addressing conduct and efficiency are shown as excellent

	b.  Item 40 (Wounds) is blank.

	c.  Item 41 (Awards and Decorations) shows the applicant was qualified as Expert for both the M-14 rifle and the M79 Grenade Launcher.  He qualified as Sharpshooter for the .45 caliber pistol.  There are no entries for any other awards or decorations.

6.  His records are void of any orders showing the award of the Purple Heart or the Combat Infantryman Badge.  In his records, however, are two medical documents which show he was wounded in hostile action while in Vietnam:

* Standard Form (SF) 88 (Report of Medical Examination) which shows a well-healed vertical scar left temporal area (left side of the skull), choroidal rupture with vitreous hemorrhage (eye rupture), and blindness due to trauma
* SF 89 (Report of Medical History) shows an entry made by the doctor which identifies an injury to the applicant's eye as a result of a bullet wound sustained in hostile action while in Vietnam as well as the surgical removal of a bullet from the temporal region of the skull

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or the Combat Infantryman Badge pertaining to the applicant.

8.  His name is not listed on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.  

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

	a.  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.  

	b.  The requirements for award of the Combat Infantryman Badge are:

* the Soldier must be an infantryman satisfactorily performing infantry duties (emphasis added)
* he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat (emphasis added)
* he must actively participate in such ground combat (emphasis added)
* U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments
* permanent award of this badge is announced in official orders by commanders authorized to make the award

	c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974.

	d.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

	e.  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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal

	f.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981 (emphasis added), all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	g.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981 (emphasis added), all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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.  There must have been no convictions by a court-martial.  

11.  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:

	a.  Department of the Army General Order (DAGO) Number 40, dated 1967, awarded the Presidential Unit Citation, to the 2nd Battalion, 7th Cavalry Regiment for extraordinary heroism during the period 23 October 1965 to 26 November 1965.

	b.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.  

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  

	a.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  

	b.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the award of two Purple Hearts.  Records show he was wounded as a result of hostile action on or about 5 December 1965, his wounds required treatment by medical personnel, and medical treatment provided was made a matter of official record.  He should therefore be awarded the Purple Heart (1st Award) and it should be added to his DD Form 214.  There is no proof, however, of a second hostile action event in which he was wounded.  Thus, there is insufficient evidence to support the award of a second Purple Heart.

2.  His records do not contain orders awarding him the Combat Infantryman Badge.  The fact he was wounded as a result of hostile action, however, offers definitive evidence he met the criteria for this award.  He held the MOS of 11B and he served in active ground combat while assigned infantry duties in a cavalry unit.  Throughout his military career his efficiency and conduct were rated as excellent.  He should therefore be awarded the Combat Infantryman Badge as a matter of equity, and his DD Form 214 should be amended accordingly.

3.  It appears he met the criteria for the award of the Army Good Conduct Medal (1st Award) for the period 11 December 1963 to 16 March 1966 and should therefore be given this award as well as having it added to his DD Form 214.

* there is no derogatory information found in his available record
* he received all excellent ratings for conduct and efficiency throughout his term of service

4.  He served in the 2nd Battalion, 7th Cavalry Regiment when the unit was awarded the Presidential Unit Citation for extraordinary heroism during the period 23 October 1965 to 26 November 1965.  As such, this award should be added to his DD Form 214.

5.  He has qualifying service for the following awards and they should be added to his DD Form 214:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

6.  The Army Service Ribbon and the Overseas Service Ribbon were not approved for wear until 1 August 1981, well after the applicant was released from active duty.  He would therefore not be eligible to receive these awards.  

7.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Unfortunately, the applicant only served a little over 3 months and, thus, would not be entitled to wear an overseas service bar.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ 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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 16 March 1966 as follows:

	a.  Award the Purple Heart for wounds received on 5 December 1965.

	b.  Award the Army Good Conduct Medal (1st Award) for the period 11 December 1963 to 16 March 1966.

	c.  Awarding the applicant the Combat Infantryman Badge for service on 5 December 1965.

	d.  Add the following awards:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Presidential Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends


 denial of so much of the application that pertains to the awards of:

* Purple Heart (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* overseas service bars




      __________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)                                         AR20140019047





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ABCMR Record of Proceedings (cont)                                         AR20140019047



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