IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150000646 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 5 May 1970:

* Purple Heart
* Combat Infantryman Badge

2.  The applicant states all of his awards are not 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.  On 6 May 1968, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He was assigned to Company D, 1st Battalion (Airmobile) from 2 January 1969 - 10 June 1969 in the Republic of Vietnam.  There is no evidence he was anywhere other than with his assigned unit during this period.

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he received gunshot wounds to his buttocks and the date entered is 30 March 1969.

5.  On 5 May 1970, he was released from active duty.  His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214) shows he was awarded or is authorized the:

* Purple Heart 
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross Unit Citation with Palm
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Civil Actions Honor Medal Unit Citation, First Class

6.  On 22 April 2015, the U.S. Army Human Resources Command (HRC) determined he was entitled to the Purple Heart for wounds received on 30 March 1969 in the Republic of Vietnam.  Orders for the Purple Heart were issued by HRC and a DD Form 215 was issued on 22 April 2015, adding the Purple Heart.  HRC was unable to verify his eligibility for the Combat Infantryman Badge.

7.  Headquarters, United States Army Vietnam General Orders Number 4406, dated 17 September 1970, awarded the 1st Battalion (Airmobile), 502nd Infantry the Valorous Unit Award for distinguishing themselves through extraordinary heroism while engaged in military operations against a hostile force in the Quang Thuong District, Republic of Vietnam during the period 12 March 1969 to 8 May 1969.  The citation states in part:

Moving out from Fire Base Veghel, the officers and men of the battalion met fierce and continued resistance from a North Vietnamese Army Platoon and several company size units well entrenched in the mountainous terrain of the triple canopy jungle.  Over the following weeks, the men of the 1st Battalion (Airmobile), 502nd Infantry made frequent contact with the enemy and numerous engagements, characterized by close, hard fighting, were waged.

8.  Department of the Army General Order Number 2, dated 13 January 1971, confirmed the award of the Valorous Unit Award to the 1st Battalion (Airmobile), 502nd Infantry for the period 12 March 1969 - 8 May 1969.

9.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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 (Decorations and Awards) 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.

10.  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 entered in item 40.

DISCUSSION AND CONCLUSIONS:

1.  HRC previously awarded him the Purple Heart and issued a DD Form 215 adding the award to his DD Form 214.  There is no further correction required by the ABCMR.

2.  He was assigned to the 1st Battalion, 502nd Infantry during the period the unit was awarded the Valorous Unit Award.  

3.  The applicant held MOS 11B and he was assigned to an infantry company.  According to the citation for the award of the Valorous Unit Award for the  
1st Battalion, 502nd Infantry the battalion met fierce and continued resistance from a North Vietnamese Army Platoon and several company size units well entrenched in the mountainous terrain of the triple canopy jungle.  In the following weeks they made frequent contact with the enemy and numerous engagements, characterized by close, hard fighting were waged.  The applicant was wounded during this period.

4.  In the absence of evidence showing he was anywhere other than with his assigned unit during the period of the award of the Valorous Unit Award there is sufficient evidence show he met the criteria for the award of the Combat Infantryman Badge.
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 amending his DD Form 214 with an effective date of 5 May 1970 by adding the:

* Valorous Unit Award
* 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)                                         AR20150000646



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ABCMR Record of Proceedings (cont)                                         AR20150000646



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