IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150000095 

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 reflect award of the Combat Infantryman Badge (CIB) and the Purple Heart (PH).  He requests a personal hearing.

2.  The applicant states he was awarded the CIB but it is not listed on his 
DD Form 214.  He was wounded by shrapnel on 20 November 1967 while in the vicinity of Tay Ninh, Vietnam.  However, he was never awarded the PH.  

3.  The applicant provides copies of:

* a statement from a fellow Soldier
* his DD Form 214
* a self-authored letter
* a website for a fallen Soldier during Vietnam

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 15 December 1966, the applicant was inducted into the Army of the United States.  After initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record), item 29 (Qualification in Arms) shows he qualified for the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  His DA Form 20, item 31 (Foreign Service) shows he served with the Republic of Vietnam (RVN) from 2 July 1967 through 1 July 1968, assigned to 
Company C, 2nd Battalion, 12th Infantry.  He participated in four campaigns.

5.  His DA Form 20, item 40 (Wounds) shows no entry.

6.  His DA Form 20, item 41 (Awards and Decorations) shows he was awarded the following:

* National Defense Service Medal (NDSM)
* CIB
* Army Good Conduct Medal (AGCM)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal (VSM)

7.  Special Orders Number 279, Headquarters, 25th Infantry Division, dated 
6 October 1967, show he was awarded the CIB.
   
8.  On 13 December 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded or authorized the:

* NDSM
* VSM with one bronze service star
* AGCM
* RVN Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar
9.  A review of his personnel service records failed to show evidence that he was wounded in action.

10.  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 Military Awards Branch, failed to reveal any orders for the PH.

11.  The applicant provides a letter from N___ E. D____ which states the following:

a. He served with the applicant with the 25th Infantry Division in Dau Teing
in Vietnam from August 1967 until he was injured.  

b. His letter concerns a shrapnel wound the applicant received and that he 
witnessed during an ambush on 20 November 1967.  They both were machine gunners at the time and they were ambushed by the Viet Cong.  

c. The applicant provided machine gun cover for another Soldier who was
wounded, but fortunately the applicant only received a small shrapnel wound to his left shoulder.  His wound was a small puncture and made a knot/bruise about the size of an egg.  Later he took the evening supply chopper back to base camp to make sure there was not any shrapnel in his shoulder.  

d. The applicant returned to their unit the next morning when the chopper
returned to pick up supply containers.  

e. The reason he remembers this event so well was because the applicant 
was a good friend of his, they were the only two machine gunners for their company, and there was always a machine gunner required to go on ambush each night so they rotated every other night.  

12. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the PH is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

13.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the applicant's unit was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 
October 1966 through 1 August 1967 by Department of the Army General Orders (DAGO) 48, dated 1971
* RVN Civil Actions Honor Medal First Class (FC) Unit Citation for the period 1 August 1967 through 21 January 1970, DAGO 51, 1971
* Valorous Unit Award (VUA) for the period 4 through 10 February 1968, DAGO 43, 1970

15.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated 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 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be placed in item 40.

16.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  

	a.  Paragraph 2-2 states the ABCMR will decide cases on the evidence of record. It is not an investigative body.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.

	b.  Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders awarded the applicant the CIB.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  He was awarded the VSM and he participated in four campaigns.  

3.  His DA Form 20 shows he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge (M-60).

4.  He served with Company C, 2nd Battalion, 12th Infantry during periods for which the unit was cited for award of the RVN Civil Actions Honor Medal FC Unit Citation, the RVN Gallantry Cross with Palm Unit Citation, and the VUA.  

5.  The applicant provides a letter of support documenting that he received an injury while in combat in the RVN; however, there is no medical evidence of record showing he was wounded as a result of enemy action in the RVN or evidence showing that he was awarded or entitled to the PH. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

a.  Deleting the VSM from his DD Form 214 and

b.  Adding the following awards to his DD Form 214 –

* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal FC Unit Citation
* CIB
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge (M-60)
* VSM with four bronze service stars

2.  The Board further determined 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 his request for correction of his DD Form 214 to show he was awarded the PH.




      __________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)                                         AR20140010582



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ABCMR Record of Proceedings (cont)                                         AR20150000095



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