ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:

                  BOARD DATE:  31 January 2019  

                  DOCKET NUMBER:  AR20170013949

APPLICANT REQUESTS:  

* Purple Heart
* Combat Infantryman Badge (CIB)
* Air Medal

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

* DD Form 149 (Application for Correction of Military Record) and DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)  
* Veteran’s Affair Form 21-6782 
* Vietnam Vascular Registry File #419 located at Walter Reed General Hospital

FACTS:  

1.  The applicant did not file within the time frame provided in the statute of                         limitations; however, the Army Board for Correction of Military Records has elected to conduct a substantive review of this case and has determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant’s Purple Heart award request is supported by sufficient evidence; therefore, it will be administratively corrected and not considered by the Board.  The Board will consider:

* Combat Infantryman Badge (CIB)
* Air Medal
* Army Good Conduct Medal (applicant may be eligible, found during review of applicant’s record)




3.  The applicant states:

	a.  He was wounded in action on 23 June 1967 in Vietnam while serving with Delta Company, 1/7th Cavalry, 1st Cavalry Division (AIR).  General Westmoreland presented him with the Purple Heart on 25 June 1967, at the 67th Evacuation Field hospital in Qui Nhon.   

	b.  He completed more than 25 air assaults on unsecured landing zones in Vietnam.  The awards did not appear important to him at the time of discharge, but now that he’s older, it would be nice to pass it on to his family when he’s gone.

4.  The applicant provides the following documents to show the results after he received a wound during combat:

* Veteran’s Affair Form 21-6782 which shows the applicant was awarded 30% for service-connected leg injury
* Vietnam Vascular Registry File #419 shows the applicant was located at Walter Reed General Hospital

5.  The applicant’s record shows on:

* 1 December 1966, he was inducted into the Army of the United States  
* 16 May 1967 through 26 August 1967, he served in the Republic of Vietnam, and was assigned to Delta Company, 1st Battalion, 1/7th Cavalry, 1st Cavalry Division (AIR) in the Military Occupational Specialty (MOS) 11 B (Light Weapon Infantryman) 
* 9 September 1968, he was honorably discharged 

6. The applicant’s service record is void of orders awarding him the Air Medal, CIB, and Army Good Conduct Medal.  

7.  The applicant's DA Form 20 indicates that he served with excellence in both conduct and efficiency throughout his enlistment.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice.  
  	 
8.  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 U.S. Army Human Resources Command, failed to reveal any orders for awards and badges.
9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam, who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

10.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. 

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provides the Army Good Conduct Medal is awarded in recognition of exemplary behavior, efficiency, and fidelity during enlisted status in active Federal military service.    
 
BOARD DISCUSSION:

1.  The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance.  The applicant was awarded the Purple Heart for wounds received in action while serving in the Republic of Vietnam as an infantryman; therefore, the Board finds the CIB is warranted.  

2.  In addition, the applicant was assigned to the 1st Cavalry Division (AIR) and the Board finds his statement about completing more than 25 air assaults on unsecured landing zones in Vietnam is highly probable based on the time period he served in Vietnam; therefore, the Board finds the award of the Air Medal is warranted.

3.  Lastly, the applicant served with excellence in both conduct and efficiency throughout his enlistment.  There is no evidence of any convictions by court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice.  The Board finds the Army Good Conduct Medal (1st award) is warranted.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

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 amending the                                  DD Form 214 by awarding and adding the:

* Combat Infantryman Badge
* Air Medal
* Army Good Conduct Medal (1st award), 1 December 1966 - 9 September 1968
											
   ___________X________________
												Chairperson

ADMINISTRATIVE NOTES:

1.  A review of the applicant’s records shows he is authorized additional awards not listed on his DD Form 214.  
  
      a.  Army Regulation 600-8-22 states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the applicant’s service in Vietnam, the applicant participated in the following campaign: Vietnam Counteroffensive Phase III from 1 June 1967 through 29 January 1968.

    b.  GO Number 167, 23 July 1967, Delta Company, 1/7th Cavalry, 1st Cavalry Division (AIR) awarded the applicant the Purple Heart.

2.  As a result, amend the DD Form 214 with an effective date of 9 September 1968, by adding the:

* Purple Heart  
* Vietnam Service Medal with one bronze service stars
* Vietnam Campaign Medal

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.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam.  The criteria for award of the Combat Infantryman Badge, identified the men who trained, lived, and fought as infantrymen, and identified the Combat Infantryman Badge as a unique award established to recognize the infantryman for his service.  It further stipulated the Combat Infantryman Badge was not awarded for being shot at or for undergoing the hazards of day-to-day combat. It further provided that the badge was authorized for award to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS, provided they served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

3.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  One award was credited per every 25 hours of combat assault flights (any flight in which the aircraft was directly involved in combat), 50 hours of combat support flights (Visual Reconnaissance or Resupply), or 100 hours of non-combat service flights (Administrative or VIP flights). Flight hours were calculated in 6-minute blocks.
4.  Army Regulation 672-5-1 (Awards), in effect at the time, provides the Army Good Conduct Medal is awarded in recognition of exemplary behavior, efficiency, and fidelity during enlisted status in active Federal military service.  It is awarded on a selective basis to each Soldier who distinguishes himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status.  The qualifying periods of service to receive the Good Conduct Medal are:

* each 3 years completed on or after 26 August 1940
* for first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year
* for first award only, upon termination of service on or about 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
ABCMR Record of Proceedings (cont)	AR20170013949	 	

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