IN THE CASE OF: BOARD DATE: 20 September 2011 DOCKET NUMBER: AR20110005383 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 award of the Purple Heart, Combat Infantryman Badge (CIB), Vietnam Service Medal, and the Presidential Unit Citation. He further requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards. 2. The applicant states that none of his Vietnam service is documented on his DD Form 214. 3. The applicant provides a photograph of a Soldier standing at parade rest, captioned "Copy of Photo, Me Leaving Japan for Discharge, Showing Purple Heart Ribbon." 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 13 December 1963. He completed training and was awarded military occupational specialty (MOS) 11B (Lights Weapons Infantryman). 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 16 August 1965 through 5 December 1965. During this period of service he was assigned to Company B, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile). 4. On 12 December 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214 shows he completed 2 years of total active service, including 3 months and 19 days of foreign service. The highest rank/grade he attained while serving on active duty was specialist four/E-4. 5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 6. There is no indication in his available records he was previously awarded the Purple Heart, CIB, or the Army Good Conduct Medal. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant for the Purple Heart or the CIB. 8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart 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, and the medical treatment must have been made a matter of official record. 9. Army Regulation 600-8-22 states the CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers who have an infantry MOS. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit, of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. Combat service or campaign credit alone is not sufficient to award the CIB. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) 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. 10. Army Regulation 600-8-22 states 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 assignment or attachment to, for 1 or more days, an organization participating in or directly supporting military operations. Paragraph 2-13 states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Defense Campaign, from 8 March 1965 through 24 December 1965. 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 document shows his unit, 2nd Battalion, 7th Cavalry Regiment, was awarded the: * Presidential Unit Citation for the period 23 October through 26 November 1965, by Department of the Army General Order (DAGO) Number 40, dated 1967 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 14 through 16 November 1965 by Department of the Army General Order (DAGO) Number 46, dated 1968, amended by DAGO 21, 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the periods 9 August 1965 through 13 November 1965 and 17 November 1965 through 19 May 1969 by DAGO Number 59, dated 1969 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. 13. A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214. 14. Army Regulation 600-8-22 states 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, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 15. There is no indication in his available record that he was awarded the Army Good Conduct Medal. Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ). Additionally, there is no evidence of a commander's disqualification that would have precluded him from receiving his first award of the Army Good Conduct Medal. 16. 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. 17. Special Orders Number 116, Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, dated 26 April 1965, awarded him the Expert Infantryman Badge (EIB). DISCUSSION AND CONCLUSIONS: 1. The applicant's request for award of the Purple Heart, CIB, Vietnam Service Medal, and the Presidential Unit Citation, and correction of his DD Form 214 to show these awards was carefully considered and was determined to have partial merit. 2. The evidence of record shows he served in the Republic of Vietnam from 16 August 1965 through 5 December 1965; therefore, he served a qualifying period for award of the Vietnam Service Medal and is entitled to correction of his DD Form 214 to show this award. Additionally, he participated in one campaign during his service in Vietnam. Accordingly, he is entitled to a single bronze service star for wear on his Vietnam Service Medal and to correction of his DD Form 214 to show this bronze service star. 3. General orders awarded his unit of assignment in Vietnam the Presidential Unit Citation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period in which he was assigned and which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 4. He served a qualifying period of honorable service for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award. 5. The evidence of record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings throughout his service. Therefore, he is entitled to the first award of the Army Good Conduct Medal, for the period 13 December 1963 through 12 December 1965, and to correction of his DD Form 214 to show this award. 6. Special Orders awarded him the EIB, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 7. With regard to his request for award of the Purple Heart, neither his available records nor the Vietnam casualty roster provide any evidence that he was wounded in Vietnam, that those wounds were the result of hostile action that required treatment, or that the resulting medical treatment was made a matter of official record. Accordingly, there is an insufficient basis in which to grant award of the Purple Heart. 8. With regard to his request for award of the CIB, his infantry MOS and assignment to an infantry unit in Vietnam are not in question. However, there is no evidence in the available records, and he did not submit any evidence, to specifically substantiate his engagement in active ground combat with an infantry unit of brigade or smaller size while in Vietnam. 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. Awarding him the Army Good Conduct Medal (1st Award) for the period 13 December 1963 through 12 December 1965; b. Amending item 26 of his DD Form 214 to add the: * Vietnam Service Medal with 1 bronze service star * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * National Defense Service Medal * Army Good Conduct Medal (1st Award) * Expert Infantryman Badge 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 award of the Purple Heart and CIB. ____________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) AR20100015543 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005383 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1