RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060016654 


	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 Purple Heart. 

2.  The applicant states that the Purple Heart is missing on his DD Form 214.

3.  The applicant provides orders for the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 25 November 1970.  The application submitted in this case is dated 
16 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 was inducted on 7 January 1969.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  On 
23 November 1969, he was honorably discharged for immediate enlistment in the Regular Army.  On 24 November 1969, he enlisted for a period of 3 years.    He arrived in Vietnam on 18 July 1969.  He served in MOS 11B assigned to Company B, 1st Battalion, 52nd Infantry of the 198th Infantry Brigade in Vietnam from 31 July 1969 through 30 August 1969.  He served in MOS 11B assigned to Company C, 1st Battalion, 52nd Infantry in Vietnam from 31 August 1969 through 
29 November 1969.  He was assigned to Headquarters and Headquarters Battery, Americal Division, Division Artillery in Vietnam from 30 November 1969 through 25 February 1970.  On 25 November 1970, the applicant was discharged under honorable conditions (a general discharge) under the provisions of Army Regulation 635-212 for unsuitability.  

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, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

5.  Headquarters, 91st Evacuation Hospital General Orders Number 56, dated 
16 October 1969, show the applicant received the Purple Heart for wounds received in action on 15 October 1969.

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

7.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

8.  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 (1st Battalion, 52nd Infantry) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

9.  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.

10.  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.  Orders show the applicant received the Purple Heart.

2.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to infantry companies in Vietnam.  He was also wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.
4.  The applicant's unit (1st Battalion, 52nd Infantry) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.

5.  Records show the applicant should have discovered the alleged error now under consideration on 25 November 1970; therefore, the time for the applicant to file a request for correction of any error expired on 24 November 1973.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

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; and 

	b.  amending his DD Form 214 to add the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.  


__Eric Andersen_______
          CHAIRPERSON




INDEX

CASE ID
AR20060016654
SUFFIX

RECON

DATE BOARDED
20070517
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.