IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20170003024 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 for wounds received in connection with military operations against a hostile enemy on 27 May 1969; b. awarding the applicant the Combat Infantryman Badge for engaging hostile enemy forces on 27 May 1969; and c. amending the applicant's DD Form 214 by deleting the Vietnam Service Medal and adding the: * Purple Heart * Combat Infantryman Badge * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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) AR20170003024 IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170003024 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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 September 2018 DOCKET NUMBER: AR20170003024 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge. 2. He states, in effect, that while assigned to Company C, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division, Vietnam, he was wounded during a firefight on 27 May 1969. As a result, he was awarded the Purple Heart while hospitalized in Quy Nhon, Vietnam. He was also awarded the Combat Infantryman Badge based on his foreign service in Vietnam. He wore both ribbons during his remaining time in service. These awards were omitted from his DD Form 214. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * DD Form 3349 (Medical Condition-Physical Profile Record), dated 1 December 1969 * DA Form 20 (Enlisted Qualification Record), pages 2 and 3, dated 22 April 1970 * DD Form 214, effective 10 August 1970 * VA Form 21-6782 (Original Disability Compensation) 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 47 (Record of Induction) * DA Form 20 * DD Form 214 REFERENCES: 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. 2. Army Regulation (AR) 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 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. There are basically three requirements for award of the Combat Infantryman 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. c. The Republic of Vietnam (RVN) Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Also eligible for this award are individuals who served for less than six months of service but were wounded as a result of hostile action. d. Appendix B shows that during his service in Vietnam participation credit was awarded for the following campaigns. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. He participated in the following campaigns: * Vietnam Counteroffensive, Phase VI * Tet 69 Counteroffensive 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment with the: a. 116th Engineer Battalion, the unit was awarded of the Meritorious Unit Commendation, for the period 7 October 1968 to 31 May 1969, by Department of the Army General Order (DAGO) Number 60, dated 1969. b. 1st Battalion, 12th Infantry, the unit was awarded the: * RVN Gallantry Cross with Palm Unit Citation, for the period 1 October 1966 to 28 July 1969, by DAGO Number 3, dated 1970 * RVN Civil Actions Honor Medal First Class Unit Citation, for the period 1 October 1966 to 31 October 1969, by DAGO Number 53, dated 1970 DISCUSSION: 1. While 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. He was inducted into the Army of the United States on 15 August 1968 and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He served in Vietnam from 13 January 1969 to 1 June 1969 and he was assigned to the following units: * Company C, 116th Engineer Battalion as a pioneer from 19 January 1969 to 19 April 1969 * Company C, 1st Battalion, 12th Infantry, 4th Infantry Division as an infantryman, from 26 April 1969 to 1 June 1969 * 249th General Hospital as a patient, from 2 June 1969 to 6 June 1969 4. The applicant sustained a fragment gunshot wound to his right hand and left buttock on 27 May 1969. His name is listed on the Adjutant General's Office Casualty Division's Vietnam Casualty roster. 5. The applicant provides evidence showing he received a permanent physical profile for his high frequency, bilateral hearing loss, on 1 December 1969. 6. He was honorably released from active duty on 10 August 1970 having completed 1 year, 11 months, and 26 days of net service for the period. He was awarded or authorized: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Overseas Service Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 7. The applicant provides his undated, Original Disability Compensation letter, which shows he was awarded service-connected disability ratings for residual fragment wound to his left buttock and right wrist. 8. The applicant was awarded MOS of 11B, and he sustained a combat wound on 27 May 1969 while serving in the Vietnam and his name is listed on the Vietnam Casualty Roster. He meets the criteria for award of the Purple Heart. This award is not listed on his DD Form 214. 9. At the time of his combat injury, he held an infantry MOS and he was assigned to an infantry unit. He meets the criteria for award of the Combat Infantryman Badge. This award is not listed on his DD Form 214. 10. The applicant served for approximately 5 months in Vietnam before being injured due to hostile action. His service in Vietnam is a qualifying period for award of the RVN Campaign Medal with Device (1960). This award is not listed on his DD Form 214. 11. He participated in two campaigns during his service in Vietnam, which authorizes him two bronze service stars for wear on his already awarded Vietnam Service Medal. 12. His units in Vietnam were cited for award of the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class unit Citation during his period of assignment. These awards are not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003024 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2