IN THE CASE OF: BOARD DATE: 19 November 2018 DOCKET NUMBER: AR20170000049 BOARD VOTE: _____x___ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 November 2018 DOCKET NUMBER: AR20170000049 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the applicant the Purple Heart, Army Good Conduct Medal, and the Combat Infantryman Badge; b. deleting from the applicant's DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214: * Purple Heart * Army Good Conduct Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * 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. IN THE CASE OF: BOARD DATE: 19 November 2018 DOCKET NUMBER: AR20170000049 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 and Combat Infantryman Badge. 2. The applicant states: a. He served in Vietnam in an infantry unit and actively engaged the enemy in ground combat while serving in military occupational specialty (MOS) 11B (Light Weapons Infantryman). b. While conducting search and destroy missions, his column of armored personnel carriers (APCs) came under small arms and rocket-propelled grenade fire. He was wounded when the APC he was riding in was blown up by a command-detonated land mine. He lost his leg below the knee, was awarded the Purple Heart, and was sent back to the U.S. c. The Combat Infantryman Badge is a cherished award for the infantryman. If he is fully qualified for this award he want the records to show it. If he is not qualified, he would like an explanation as to why he is not qualified. 3. The applicant provides: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * an awards authorization letter from the National Personnel Records Center (NPRC) 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 24 June 1968, the applicant was inducted into the Army of the United States. He completed training for MOS 11B. 3. He served in Vietnam from on or about 10 March 1969 to 12 April 1969 during one campaign. On 30 March 1969, he was wounded in action, sustaining an injury to his left leg that resulted in a traumatic below the knee amputation. 4. On 13 April 1969, the applicant was evacuated to the U.S. Army Hospital, Fort Gordon, GA, for treatment and medical retirement processing. 5. On 24 December 1969, he was retired for disability due to the loss of his left leg below the knee. 6. His DA Form 20 (Enlisted Qualification Record) shows: * advancement to corporal (E-4) (Temporary) on 18 November 1968 * assignment to Company C, 2nd Battalion, 22nd Infantry Regiment, in MOS 11B * conduct and efficiency ratings of “excellent” * the traumatic below the knee amputation of his left leg on 30 March 1969 * award of the: * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 7. His DD form 214 lists his awards as the: * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 8. The available records do not include any orders for awards or decorations. 9. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered ineligible for award of the Army Good Conduct Medal. 10. On 25 November 2014, NPRC informed the applicant that his authorized award were the: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Expert Marksmanship Qualification Badge with Automatic Rifle and Mortar Bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 11. A review of the Vietnam Casualty List shows the applicant was wounded on 30 March 1969 with a description of "hostile wounded in action: serious – hospitalized." 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows that during the period the applicant was assigned to the 2nd Battalion, 22nd Infantry Regiment, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. REFERENCES: 1. 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 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. 2. Army Regulation) 600-8-22 (Military Awards) states: 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. For award of the Combat Infantryman Badge there are basically three requirements: 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. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture, were prevented from serving the required 6 months. d. A bronze service star is authorized for wear on the Vietnam Service Medal for each campaign period a Soldier served in Vietnam. DISCUSSION: 1. The applicant was seriously wounded as a result of enemy action on 30 March 1969. As a result of the wounds he was medically retired. He meets the eligibility criteria for award of the Purple Heart. 2. To be eligible for award of the Combat Infantryman Badge, a 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 was an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he participated in such ground combat as shown by his wound. 3. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4. The record contains no indication of any disqualifying incidents or recommendations for award of the Army Good Conduct Medal. 4. The applicant served in Vietnam during one campaign period, and is authorized one bronze service star with his Vietnam Service Medal. The bronze service star is not recorded on his DD Form 214. 5. The applicant served in Vietnam for less than 6 months when he was wounded and medically evacuated. He meets the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) due to being wounded and medically evacuated prior to the 6-month time requirement. 6. The applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000049 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000049 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2