RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070006935 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

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

2.  The applicant states, in effect, he was awarded the CIB while he was assigned to the 4th Infantry Division, but he did not have any orders for the award.  Also, he states that he was given the Purple Heart while he was in Vietnam.

4.  He states, in effect, after being in Vietnam for one week his base camp came under fire and while he was running towards a bunker he fell to the ground and glass fragments got into his right hand.

3.  The applicant provides a copy of his statement.

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's military records show that he entered active duty on 10 July 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 36K2O (Tactical Wire Operations Specialist).

3.  Between 2 May 1969 to 31 March 1970, he served as a 36K and a  
71F (Postal Clerk) with Headquarters and Headquarters Company (HHC),  
3rd Battalion, 12th Infantry, 4th Infantry Division; HHC, 4th Aviation Battalion, 
4th Infantry Division; and Headquarters, 4th Medical Battalion, 4th Infantry Division in the Republic of Vietnam.  He was honorably discharged after serving 2 years, 7 months, and 6 days of active service.

4.  Item 13 (Decoration, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, 2 Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the CIB and the Purple Heart.

5.  The applicant's military records show that he never held the primary MOS as an 11B (Infantryman).

6.  A review of the Republic of Vietnam Casualty Files does not show the applicant's name listed among those wounded.

7.  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 officers 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 (formerly known as the Total Army Personnel 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.

8.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

9.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Vietnam War.  This document shows HHC, 4th Infantry Division the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970 and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

11.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

12.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the TET 69 Counteroffensive (23 February 1969 to 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969); and Vietnam Winter-Spring  
1970 (1 November 1969 to 30 April 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the CIB and the Purple Heart.

2.  The evidence shows the applicant was not assigned as an Infantryman while assigned to an infantry unit of brigade, regimental, or smaller size and he did not hold MOS 11B.  In order for the applicant to qualify for the CIB he had to be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Therefore, he is not entitled to correction of his records to show the CIB.

3.  There is no evidence in his available records which show he was wounded or injured as a result of hostile action.  Also, there are no General Orders in his military records and his name does not appear on the Republic of Vietnam Casualty Files.  Therefore, he is not entitled to correction of his records to show the Purple Heart.

4.  Orders show the applicant is entitled to awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

5.  The applicant was assigned to Republic of Vietnam during three campaigns.  Therefore, he is entitled to correction of his records to show three bronze service stars to be worn on his Vietnam Service Medal.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____qas_  ____dac_  ___jcr___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




__________Jeffrey C. Redmann______
          CHAIRPERSON




INDEX

CASE ID
AR20070006935
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070920
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.