RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070003822 


	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

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. John T. Meixell

Member

Mr. Richard T. Dunbar

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 records to show award of the Purple Heart and the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 
11 December 1970 should show he was awarded the Purple Heart and the CIB.

3.  The applicant provides two DD Forms 214 and his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 15 September 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). 

3.  The applicant arrived in Vietnam and was assigned to C Company, 2nd Battalion, 502nd Infantry on or about 17 April 1967 and performed duties as a rifleman.  He departed Vietnam in July 1967 after participating in two campaigns.

4.  Item 40 (Wounds) of the applicant's DA Form 20 shows the entry "Fragments Back 18 MAY 67."  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

5.  On 1 December 1970, the applicant was discharged, with an undesirable discharge, in pay grade E-1 for unfitness.

6.  The applicant's DD Form 214 with the period ending 1 December 1970 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  

8.  The applicant's name appears on the Vietnam Casualty Roster and shows he was wounded on 18 May 1967 and treated as a result of hostile action in Vietnam.

9.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) 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.

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 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.

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for 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.  There are no General Orders awarding the applicant the Purple Heart.  However, the Vietnam Casualty Roster and his DA Form 20 show he was wounded in combat by hostile forces on 18 May 1967 and treated for his wounds. 

2.  Based on all of the foregoing, it is clear that the applicant was wounded as a result of hostile action and was treated for the wounds.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 18 May 1967.

3.  Records show that the applicant was wounded as a result of hostile action while assigned to C Company, 2nd Battalion, 502nd Infantry while serving as an infantryman in an infantry MOS position.  Therefore it appears he met the eligibility criteria for award of the Combat Infantryman Badge.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant's DD Form 214 should be amended to add this award.

5.  The applicant’s participation in two campaigns entitles him to two bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

___LE  __  __JTM __  __RTD__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by awarding him the Purple Heart for wounds sustained on 18 May 1967; and 

	b.  by amending his DD Form 214 for the period ending 1 December 1970 in item 24 to add the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.




   ____ Lester Echols __
          CHAIRPERSON




INDEX

CASE ID
AR2007003822
SUFFIX

RECON

DATE BOARDED
23 AUGUST 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.
107.0111.0000
3.
107.0094.0000
4.

5.

6.