IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005327 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 all of his authorized awards, including the Purple Heart and the Combat Infantryman Badge. 2. The applicant states he served in the Republic of Vietnam (RVN) in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He participated in more than 25 airborne combat assaults and he was later medically retired due to combat wounds. 3. The applicant provides copies of his DD Form 214, DD Form 363A (Certificate of Retirement), and Department of Veterans Affairs (VA) Rating Decision. 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 military record is not available to the Board for review. However, the applicant's DD Form 214 and available RVN-era databases are sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he was inducted into the U.S. Army on 9 April 1968, honorably separated from active duty on 16 March 1970, and placed on the Permanent Disability Retired List in pay grade E-4. He had completed 1 year, 11 months, and 8 days of total active duty service this period that included 6 months and 24 days of foreign service. It also shows in: * item 5a (Grade, Rate or Rank)/item 5b (Grade): Specialist Four (SP4)/E-4 * item 6 (Date of Rank): 21 November 1968 * item 12 (Last Duty Assignment and Major Command): Company B, 3rd Battalion, 8th Infantry Regiment, U.S. Army Vietnam (USARV) * item 23a (Specialty Number and Title): 11B2O, Light Weapons Infantryman * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar * Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machinegun (M-60) Bars * National Defense Service Medal * Vietnam Service Medal * 1 Overseas Service Bar * RVN Campaign Medal * item 26a (Non-Pay Periods/Time Lost): None * item 30 (Remarks): USARV: 8 September 1968 through 1 April 1969 4. The certificate the applicant provides shows he was honorably retired from the U.S. Army effective 17 March 1970. 5. His VA Rating Decision, dated 17 October 2002, in pertinent part, shows he was granted compensation for a service-connected gunshot wound to his right hand that he sustained while serving in the RVN. 6. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on 6 March 1969 with casualty status code 23 (hostile wounded in action; not serious, hospitalized). 7. A request for 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, Awards and Decorations Branch, failed to reveal any award orders pertaining to the applicant. 8. The applicant's available military personnel record fails to reveal evidence that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). 9. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" that were rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 10. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 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 Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers 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, USARV Regulation 672-1 (Awards and Decorations), Appendix V, shows that during the Vietnam-era, the Combat Infantryman Badge was awarded to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. c. The Vietnam Service Medal (VSM) 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 will be awarded for wear on the VSM for participation in each credited campaign. d. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet Counteroffensive 1969 (23 February - 8 June 1969) 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows that during the applicant's period of assignment to the 3rd Battalion, 8th Infantry Regiment, the unit was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 in Department of the Army General Orders (DAGO) Number 3, 1970 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 in DAGO Number 53, 1970 12. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established standardized policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. The instructions for item 24 show, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was wounded in action in the RVN on 6 March 1969, he received medical treatment for his injuries, and the treatment was made a matter of official record. Thus, the evidence of record satisfies the criteria for award of the Purple Heart. 2. The evidence of record shows: a. the applicant qualified for award of the VSM, he participated in three campaigns during his service in Vietnam, and he is authorized three bronze service stars for wear on his already-awarded VSM; b. General orders awarded the applicant's unit the: * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation 3. The evidence of record shows the applicant was awarded MOS 11B and he served more than 6 months in the RVN while assigned to Company B, 3rd Battalion, 8th Infantry, USARV. a. During this period, he received campaign participation credit for three campaigns and he was wounded in action. b. Based on the evidence of record, the applicant's service in the RVN as an infantryman satisfies the criteria for award of the Combat Infantryman Badge. 4. The applicant served a period of continuous, honorable active duty enlisted service from 9 April 1968 through 16 March 1970. a. He was promoted to SP4 (E-4) with less than 8 months of active duty service. b. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. c. Based on the evidence of record, the applicant's service satisfies the criteria for award of the AGCM. 5. In view of the foregoing, it would be appropriate to correct his DD Form 214 to show his awards and decorations, as recommended below. 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: a. awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 6 March 1969 (Standard Name Line (SNL): SP4, Company B, 3rd Battalion, 8th Infantry Regiment, U.S. Army Vietnam); b. awarding him the Combat Infantryman Badge effective 6 March 1969 (SNL, same as above); c. awarding him the Army Good Conduct Medal (1st Award) for the period 9 April 1968 through 16 March 1970 (SNL, same as above); and d. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal" and adding the following awards: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 3 Bronze Service Stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * 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) AR20150005327 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005327 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1