RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070009235 


	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. Kenneth L. Wright 

Chairperson

Ms. LaVerne Douglas

Member

Mr. Michael J. Flynn

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) to show the Purple Heart, the already awarded Bronze Star Medal, with "V" Device, and the Combat Infantryman Badge. 

2.  The applicant states, in effect, that he was processed out of the Army and did not know or understand that his awards were omitted form his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of orders awarding him the Bronze Star Medal, with "V" Device and the 1st Oak Leaf Cluster, in support of his request.

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 record shows he was inducted into the Army of the United States on 12 June 1967.  He successfully completed basic combat training at Fort Jackson, South Carolina, and advanced individual training at Fort Polk, Louisiana.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.

3.  The applicant served in Vietnam from 9 May 1968 to 8 May 1969, with Company C, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, as a team leader, in MOS 11B.  He was promoted to sergeant (SGT/E-5) effective 12 February 1968.  He continued to serve until he was released from active duty on 9 May 1969.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He was honorably discharged on 1 June 1973.


4.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Air Medal; and the Bronze Star Medal.  His DD Form 214 does not show any additional awards.

5.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations). 

6.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

7.  The applicant's medical records are unavailable for review

8. The applicant provided a copy of Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 13661, dated 30 October 1968, which shows he was awarded the Bronze Star Medal, with "V" Device, for heroism, not involving participation in aerial flight, in connection with military operations against a hostile force, on 21July 1968, while serving in Vietnam.  The orders indicate that he was serving as a squad leader with Company C, 5th Battalion (Ambl), 7th Cavalry Regiment, during a rescue mission near Hue, Vietnam.  This award is shown on his DD Form 214, but without the "V" Device. 

9.  The applicant provided a copy of Headquarters, 1st Cavalry Division (Ambl) General Orders Number 4340, dated 8 April 1969, which shows that he was awarded the Bronze Star Medal, 1st Oak Leaf Cluster, for meritorious service, not involving participation in aerial flight, in connection with military operations against a hostile force, during the period May 1968 to May 1969, 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.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.




12.  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.  

13.  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.

14.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three 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.  

16.  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 59, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 42, dated 1972, 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 applicant requested award of the Purple Heart.  However, there is no evidence, and he has provided none, to support his allegation.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound that he might have received as a result of hostile action.  Therefore, he is not entitled to correction of his records to show the award of the Purple Heart.

2.  The evidence of record shows that he was awarded the Bronze Star Medal, with "V" Device and the Bronze Star Medal, with 1st Oak Leaf Cluster.  However, his DD Form 214 shows only the Bronze Star Medal and omitted the "V" Device for some unknown reason.  Therefore, he is entitled to correction of his records to show the already-awarded Bronze Star Medal, 1st Oak Leaf Cluster, with "V" Device, and adding this award to his DD Form 214.

3.  The evidence shows that the applicant held an infantry MOS and served as team leader, in MOS 11B, with Company C, 5th Battalion (Ambl), 7th Cavalry Regiment, 1st Cavalry Division, while serving in Vietnam.  He served in active ground combat while assigned to an infantry unit.  The applicant was awarded a Bronze Star Medal, with "V" Device, for heroism, while serving as a squad leader, during a rescue mission near Hue, Vietnam.  He is therefore entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

4.  The applicant is entitled to the first award of the Good Conduct Medal, for the period 12 June 1967 to 9 May 1969, based on completion of a period of qualifying military service.  Therefore, he is entitled to correction of his records to show this award.

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

6.  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.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KLW__  __LD____  ___MJF_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: 

by adding the already-awarded Bronze Star Medal, 1st Oak Leaf 
Cluster, with "V" Device, to his DD Form 214;

by awarding the applicant the Combat Infantryman Badge;

by awarding the individual the Good Conduct Medal, for the period  
12 June 1967 to 9 May 1969; and

	d  by awarding the individual the Vietnam Service Medal, with three 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.

2.   The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.




_____Kenneth L. Wright ________
          CHAIRPERSON




INDEX

CASE ID
AR20070009235
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071106
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19690509
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.