IN THE CASE OF: BOARD DATE: 12 September 2023 DOCKET NUMBER: AR20230001886 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) to show award of his Purple Heart and the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record), 21 October 2022 • VA Form 21-4138 (Statement in Support of Claim), 18 November 2022 • Newspaper Article, titled “Wounded Greenvillian Gets Autograph”, undated • DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he was awarded a Purple Heart on 10 August 1971; he was also awarded a Combat Infantryman Badge and would like the awards to be added to his DD Form 214. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show the following: • two bronze service stars to his previously issued Vietnam Service Medal • Republic of Vietnam Gallantry Cross with Palm Unit Citation • Republic of Vietnam Campaign Medal with Device (1960) • Sharpshooter Marksmanship Qualification Badge with Rifle Bar 4. The Board will also consider the Army Good Conduct Medal as a related award. 5. On 10 March 1970, the applicant enlisted in the Regular Army. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) – service in Vietnam from 6 July 1971 to 30 December 1971 (5 months and 25 days). b. item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings and while in Vietnam, he was assigned to Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry, 3rd Brigade, 1st Cavalry Division, from 22 July 1971 to 29 November 1971. c. item 40 (Wounds) – “NONE”. d. item 41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It does not show the Purple Heart or the Combat Infantryman Badge. 7. He was transferred in a patient status on 30 November 1971 to the Medical Hold Detachment, U.S. Army Hospital Ryukyu Islands, Okinawa, and on 30 December 1971 to Medical Health Department U.S. Womack Army Hospital Center, Fort Bragg, NC. The specific illness, injury, or disease is unknown as his contemporaneous medical records are not available for review. 8. On 16 March 1972, he was honorably released from active duty. His DD Form 214 shows he completed 2 years, and 7 days of net service, of which 5 months and 25 days was foreign service. It also shows in block 24 shows he was awarded or authorized: • National Defense Service Medal • Vietnam Service Medal 9. The applicant provides a Newspaper Article titled “Wounded Greenvillian Gets Autograph”, the article states G____ offers an autographed souvenir to [applicant] a patient at 3rd Field Hospital in Saigon, and that the [applicant] was wounded while serving with 1st Air Cavalry Division. 10. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 11. The applicant's name does not appear on the Vietnam Casualty Roster. 12. His records do not contain and he did not provide the general orders that show he was awarded the Purple Hear or the Combat Infantryman Badge. 13. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 10 March 1970 through 16 March 1972. 14. By regulation (AR 600-8-22), 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. 15. By regulation (AR 600-8-22) there are three requirements for award of the Combat Infantryman Badge: • the Soldier must be an infantryman satisfactorily performing infantry duties • the Soldier must be assigned to an infantry unit during such time as the unit is engaged in active ground combat • the Soldier must actively participate in such ground combat 16. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service, 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. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant served in Vietnam from din Vietnam from 6 July 1971 to 30 December 1971. a. The Board noted that the applicant does not provide the orders that awarded him the Purple Heart. The Board also noted that the applicant was transferred in a patient status on 30 November 1971 to the Medical Hold Detachment, U.S. Army Hospital Ryukyu Islands, Okinawa, and on 30 December 1971 to Medical Health Department U.S. Womack Army Hospital Center, Fort Bragg, NC. However, the specific illness, injury, or disease is unknown as his contemporaneous medical records are not available for review. In order to be awarded the Purple Heart, the applicant must provide substantiating evidence 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 Board noted that the applicant does not provide the orders that awarded him the Combat Infantryman Badge. The Board also noted that he held an infantry MOS and was assigned to a cavalry unit. Although in some instances the CIB is authorized to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments, there must be evidence the infantryman satisfactorily performing infantry duties, while assigned to an infantry unit (or authorized unit) during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. c. As a related award, the applicant served honorably on active duty from 10 March 1970 to 16 March 1972, completing 2 years, and 7 days of net service, of which 5 months and 25 days was foreign service. He received "excellent" conduct and efficiency ratings and his records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (1st Award). The Board determined he meets the criteria for this award. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF xx: xx: xx: 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, in addition to the corrections addressed in Administrative Note(s) below, by: • awarding him the Army Good Conduct Medal (1st Award) for service during the period 10 March 1970 through 16 March 1972 • adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214 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 adding the Purple Heart and Combat Infantryman Badge to his DD Form 214. 9/12/2023 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records show he was awarded or authorized the following awards not listed on his DD Form 214: • two bronze service stars to his previously issued Vietnam Service Medal • Republic of Vietnam Gallantry Cross with Palm Unit Citation • Republic of Vietnam Campaign Medal with Device (1960) • Sharpshooter Marksmanship Qualification Badge with Rifle Bar 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 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded: (1) In any action against an enemy of the United States; (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (4) As a result of an act of any such enemy of opposing armed forces; (5) As a result of an act of any hostile foreign force; (6) After 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack; (7) After 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; or (8) Members killed or wounded by friendly fire. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. b. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. c. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. d. The Republic of Vietnam 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: • were wounded as a result of hostile action • were captured by hostile forces but later escaped or were rescued or released • were killed in action or otherwise in line of duty e. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 3. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. 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. 4. U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated: a. The criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. b. Appendix V of USARV Regulation 672-1, Decorations and Awards, states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. c. USARV 672-1 also authorized the award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 5. 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. 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” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. //NOTHING FOLLOWS//