IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150002288 


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 Purple Heart and Combat Infantryman Badge.

2.  The applicant states the awards listed above are not shown on his DD Form 214.  He was awarded the Purple Heart by President Johnson when he was in the hospital at Walter Reed Army Hospital.  He was also awarded the Combat Infantryman Badge.

3.  The applicant provides no additional evidence.

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 12 October 1965 and he held military occupational specialty (MOS) 12B (Combat Engineer).  

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows on:

* 24 June 1966 he was assigned to Company B, 4th Battalion, 503rd Infantry Regiment
* 16 March 1967 he was assigned to the Patient Casualty Company, 3rd Field Hospital, in a patient status

4.  His record contains the following General Orders (GO):

* GO Number 188, dated 8 February 1967, issued by Headquarters (HQ), 173rd Airborne Brigade, awarded him the Army Commendation Medal with “V” Device for heroism in action on 19 January 1967
* GO Number 48, dated 11 March 1967, issued by HQ, 3rd Field Hospital, awarded him the Purple Heart for wounds received in action on 9 March 1967
* GO Number 811, dated 9 May 1967, issued by HQ, 173rd Airborne Brigade, awarded him the Army Commendation Medal (2nd Award) with “V” Device for heroism in action on 9 May 1967

5.  On 13 May 1967, he returned from Vietnam and he was assigned to the 307th Engineer Battalion, Fort Bragg, NC.  On 15 April 1968, MOS 12B was withdrawn and he was awarded MOS 76Y (Unit Supply Specialist).  On 16 April 1968, he was promoted to the rank/grade of specialist five (SP5)/E-5.

6.  He was honorably released from active duty on 11 October 1968 in the rank of SP5 and he was transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service with no lost time.  

7.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal 
* Army Commendation Medal
* Vietnam Campaign Medal 

8.  Item 38 of his DA Form 20 also shows he received all “excellent” conduct and efficiency ratings throughout his service.
9.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

10.  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 of less than 3 years but more than 1 year.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  

11.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

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

   a.  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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of the applicant’s record shows that during his service in Vietnam he participated in two campaigns. 

   b.  The Combat Infantryman Badge is awarded to infantry officers, 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) provides 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.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 4th Battalion, 503rd Infantry, was cited for award of the:

* Meritorious Unit Commendation for the period 5 May 1965 through 4 May 1967, by DAGO Number 48, dated 1968


* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970, by DAGO Number 51, dated 1971
* Presidential Unit Citation for the period 7 October through 4 December 1966, by DAGO Number 32, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms GO awarded the applicant the Purple Heart and the Army Commendation Medal (2nd Award) with “V” Device while his DD Form 214 only shows the Army Commendation Medal.  In addition, his record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  He meets the criteria to have his DD Form 214 corrected accordingly.

2.  He served honorably from 12 October 1965 through 11 October 1968.  He served heroically in Vietnam and received all “excellent” conduct and efficiency ratings throughout his military service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service.

3.  His record confirms he participated in two campaigns during his service in Vietnam.  He is authorized 2 bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  GO awarded his unit in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation during the period he was assigned to the unit.  He meets the criteria for correction of his DD Form 214 to show these unit awards

5.  With respect to the Combat Infantryman Badge, there are three requirements for award of this badge: the Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  The applicant’s service in Vietnam and his participation in ground combat is not in question.  However, as he held MOS 12B during his service in Vietnam, a non-qualifying MOS for the Combat Infantryman Badge, he does not meet the criteria for award of this badge.



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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 12 October 1965 through 11 October 1968
* deleting from his DD Form 214 the Army Commendation Medal and Vietnam Service Medal
* adding to his DD Form 214 the:

* Purple Heart
* Army Commendation Medal (2nd Award) with “V” Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 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)                                         AR20150002288



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ABCMR Record of Proceedings (cont)                                         AR20150002288



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