RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	12 February 2008  
	DOCKET NUMBER:  AR20070013714 


	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. Judy Blanchard

Analyst

The following members, a quorum, were present:


Ms. Kathleen Newman

Chairperson

Mr. Jose A. Martinez 

Member

Ms. Susan A. Powers

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, award of the Purple Heart.

2.  The applicant states, in effect, that his Purple Heart is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 in support of his application.  The applicant also states that he attached medical documents showing he was wounded as a result of shrapnel.  However, the documents are not available. 

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 13 May 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Infantryman).  The highest rank he attained while serving on active duty was Specialist Four (SP4), pay grade E-4. 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam (RVN) from 3 October 1968 through
15 December 1969, and that during his RVN tour he was assigned to the
5th Battalion, 60th Infantry, 1st Infantry Division, performing duties as an Infantryman.  

4.  Item 39 (Campaigns) of the applicant’s DA Form 20 does not show that he participated in any campaigns while assigned to the RVN.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Good Conduct Medal (First Award), the Vietnam Service Medal, the Republic Vietnam Campaign Medal, the RVN Gallantry Cross with Palm Unit Citation, two Overseas Service Bars, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60); the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  On 16 December 1969, the applicant was honorably released from active duty after completing a total of 1 year, 7 months, and 4 days of active military service. The DD Form 214 he was issued shows that he earned the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart, the Army Commendation Medal, the Combat Infantryman Badge, two Overseas Service Bars, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Section 41 (Awards and Decoration) of the applicant's DA Form 20 does not show award of the Purple Heart. 

9.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This search failed to reveal an entry on this document pertaining to the applicant.  

10.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  The applicant's record contains a copy of Headquarters, Special Orders Number 160, Headquarters, United States Army Training Center, Fort Campbell, Kentucky, dated 26 June 1968 that shows the applicant was awarded Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).




12.  The applicant's record contains a copy of Special Orders Number 241, Headquarters, United States Army Training Center, Fort Lewis, Washington, dated 29 August 1968 that shows the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.

13.  The applicant's record contains a copy of Special Orders Number 339, Headquarters, 1st Infantry Division, APO San Francisco, dated 4 December 1968 that shows the applicant was awarded the Combat Infantryman Badge.

14.  The applicant's record contains a copy of General Orders Number 15019, Headquarters, 1stt Infantry Division, APO San Francisco, dated 9 November 1969 that shows the applicant was awarded the GCM for the period 13 May 1968 to 18 December 1969.  

15.  The applicant's record contains a copy of General Orders Number 15307, Headquarters, 1st Infantry Division, dated 15 November 1969 that shows the applicant was awarded the Army Commendation Medal for the meritorious service for the period October 1968 to December 1969.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  

17.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by military medical personnel and this treatment must be supported by medical treatment records that were made a matter of official record.  

18.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.



19.  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 military occupational specialty (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, which during the Vietnam era the Combat Infantryman Badge were awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

20.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

22.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S.  Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.








DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of a Purple Heart as a result of injuries sustained while in Vietnam.  Neither the applicant’s service record nor his separation document shows that he was awarded the Purple Heart.  

2.  There is no evidence the applicant was awarded the Purple Heart.  There is no medical evidence of record which shows that the applicant was wounded or treated for wounds as a result of hostile action.  The Vietnam Casualty Roster does not list the applicant as being wounded by hostile forces.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  Special Orders Number 160, dated 26 June 1968, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14).  Therefore, his record should be corrected to show this award. 

4.  Special Orders Number 241, dated 29 August 1968, show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his record should be corrected to show this award. 

5.  Special Orders Number 339, dated 4 December 1968, show the applicant was awarded the Combat Infantryman Badge.  Therefore, his record should be corrected to show this award. 

6.  General Orders Number 15307, dated 15 November 1969, show the applicant is entitled to award of the Army Commendation Medal for meritorious service from October 1968 to December 1969.  Therefore, his record should be corrected to show this award.

7.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his record should be corrected to show this award.

8.  General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his record should be corrected to show this award.

9.  Records show the applicant completed two periods of qualifying active federal service in the Republic Vietnam.  Therefore, he is eligible for award of two Overseas Service Bars and to have his records corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___KN___  ___JM___  __SP___  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 an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St Louis administratively correct the records of the individual concerned to add to Item 24 of his DD Form 214 the Combat Infantryman Badge, the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Machinegun Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-16), the Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation, and two Overseas Service Bars.




_____Kathleen Newman___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.