RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  2 August 2007
	DOCKET NUMBER:  AR20070003069 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway 

Chairperson

Mr. Robert W. Soniak

Member

Ms. Karmin S. Jenkins

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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 January 1971, to show that he was awarded the Purple Heart on 13 February 1968. 

2.  The applicant states, in effect, that he was awarded the Purple Heart on 13 February 1968. 

3.  The applicant provides a copy of an award certificate awarding him the Purple Heart, on 13 February 1968, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 25 January 1971, the date of his release from active duty.  The application submitted in this case is dated 15 February 2007 but was received processing on 2 March 2007.

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's record shows he enlisted in the Regular Army on 24 January 1966.  The applicant successfully completed basic combat training at Fort Knox, Kentucky, and advanced individual training at Fort Dix, New Jersey.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11F, Infantry Operations and Intelligence Specialist.  

4.  The applicant was promoted to pay grade E-3 on 18 August 1966.  He 
served until he was honorably discharged on 25 January 1967, for immediate reenlistment.  He reenlisted on 26 January 1967.  He served in Vietnam from 25 August 1967 to 23 August 1968 with HHC (Headquarters and Headquarter Company), 3rd Battalion, 12th Infantry, 4th Infantry Division, as an infantry operations and intelligence specialist, in MOS 11F20.

5.  The applicant was promoted to specialist five (SP5/E-5) on 18 December 1968.  He served until he was honorably released from active duty on 25 January 1971.  He was transferred to the United States Army Reserve (USAR) Control Group (Stand-by).  He was honorably discharged on 23 January 1972.

6.  The applicant’s DD Form 214, dated 25 January 1971, shows he was awarded the National Defense Service Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14); the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16); the Republic of Vietnam Campaign Medal; the Vietnam Service Medal; the Good Conduct Medal; and two Overseas Service Bars.  His DD Form 214 does not show any additional awards.

7.  The applicant's name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 12 February 1968. 

8.  The applicant's records contain a copy of a Western Union telegram which indicates that the applicant was slightly wounded in Vietnam on 12 February 1968 as a result of hostile action.  

9.  The applicant provided an award certificate which shows that he was awarded the Purple Heart, on 13 February 1968, for wounds received in action on 12 February 1968, while serving in Vietnam. 

10.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge. 

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel 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 Total Army Personnel Command [now the 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.

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is 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 and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) 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.

13.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 3, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO 53, dated 1970, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was slightly wounded in Vietnam on 12 February 1968 as a result of hostile action.  He was awarded the Purple Heart, as evident, by his award certificate, dated 13 February 1968. Therefore, he is entitled to correction of his records to show the award of the Purple Heart.

2.  The evidence shows the applicant held an infantry MOS, and served in that MOS while assigned to HHC, 3rd Battalion, 12th Infantry, 4th Infantry Division.  He served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.   He is therefore entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns and he is therefore, entitled to be awarded four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 January 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 24 January 1974.  Although the applicant did not file within the ABCMR's 3-year 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:

__RWS__  __KSJ__  __CLG___  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:

	a.  by adding the already-awarded Purple Heart, to his DD Form 214, dated 25 January 1971; and  

	b.  awarding the applicant the Combat Infantryman Badge; the Vietnam Service Medal, with four bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and adding these awards to his DD Form 214, dated 25 January 1971.



_____Curtis L. Greenway_______
          CHAIRPERSON

CASE ID
AR20070003069
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070802
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710125
DISCHARGE AUTHORITY
AR 635-200, chap 2
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

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