RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060016499 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Eric Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney Barber

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states that it was just left off of his discharge document.

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 18 December 1969.  The application submitted in this case is dated 9 November 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 4 January 1967 for a period of 3 years. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He arrived in Vietnam on 11 July 1967.  He served in MOS 11B assigned to Company B, 2nd Battalion, 502nd Infantry of the 101st Airborne Division in Vietnam from 15 July 1967 through 12 May 1968.  On 18 December 1969, the applicant was released from active duty in the temporary rank of sergeant after completing 2 years, 11 months, and 14 days of creditable active service with no time lost. 

4.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Purple Heart, the Parachutist Badge, and the Army Commendation Medal with “V” Device (for heroism in connection with military operations against a hostile force) as authorized awards.  

5.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.

6.  Headquarters, 1st Brigade, 101st Airborne Division General Orders Number 2360, dated 26 October 1967, show the applicant received the Purple Heart for wounds received on 28 September 1967.

7.  There are no orders for additional awards of the Purple Heart in the applicant’s service personnel records.  However, item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 19 August 1967, 28 September 1967, and 7 April 1968.  The Vietnam Casualty Roster also shows that the applicant was wounded three times, on 19 August 1967, 
28 September 1967, and 7 April 1968. 

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

9.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

10.  Department of the Army General Orders Number 8, 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.

11.  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 document shows the applicant's unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  The regulation also states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He was wounded in action and received the Army Commendation Medal with “V” Device. Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  Orders show the applicant received one award of the Purple Heart for wounds received on 28 September 1967.  However, evidence of record shows he was wounded in action three times which entitles him to three awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster).  Therefore, the entries on the applicant’s DA Form 20 and the Vietnam Casualty Roster which show he was wounded in action on 19 August 1967 and on 7 April 1968 are accepted as sufficient evidence on which to base additional awards of the Purple Heart.   



3.  The applicant was separated in the temporary rank of sergeant with almost 
3 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 4 January 1967 through 18 December 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

4.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

6.  The applicant’s unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  

7.  Records show the applicant should have discovered the alleged error now under consideration on 18 December 1969; therefore, the time for the applicant to file a request for correction of any error expired on 17 December 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

EA_____  ___AU___  _RB_____  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Infantryman Badge;  

	b.  awarding him the Purple Heart for wounds received in action on 
19 August 1967 in Vietnam;	

	c.  amending Headquarters, 1st Brigade, 101st Airborne Division General Orders Number 2360, dated 26 October 1967, to show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 
28 September 1967;  

	d.  awarding him the Purple Heart with Second Oak Leaf Cluster for wounds received in action on 7 April 1968 in Vietnam; 

	e.  awarding him the first award of the Good Conduct Medal for the period 4 January 1967 through 18 December 1969; and

	f.  amending his DD Form 214 to add the Combat Infantryman Badge; the Purple Heart with Second Oak Leaf Cluster, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal. 



__Eric Andersen_______
          CHAIRPERSON




INDEX

CASE ID
AR20060016499
SUFFIX

RECON

DATE BOARDED
20070517
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.
107.0000
3.

4.

5.

6.