RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 March 2008
	DOCKET NUMBER:  AR20070014923 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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.

2.  The applicant states, in effect, that he earned the two medals as a combat Soldier in Vietnam.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 24 March 1971 and a witness statement from a fellow Soldier, dated 4 October 2007.

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 was inducted into the Army on 25 March 1969 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant arrived in Vietnam and was assigned to C Company, 2nd Battalion, 12th Infantry, 25th Infantry Division on or about 7 September 
1969 where he performed duties as a rifleman.  

4.  Headquarters, 25th Infantry Division General Orders Number 14175, dated 
15 November 1969, show that the applicant received the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 20 October 1969.





5.  Headquarters, 25th Infantry Division General Orders Number 2258, dated 
25 February 1970, show that the applicant received the Army Commendation 
Medal 1st Oak Leaf Cluster for meritorious achievement in connection with military operations against a hostile force during the period 1 December 
1969 through 31 January 1970.

6.  Headquarters, 25th Infantry Division General Orders Number 5116, dated 
11 May 1970, show that the applicant received the Air Medal for meritorious achievement while participating in aerial flight during the period 16 December 1969 through 16 February 1970.

7.  Headquarters, 25th Infantry Division General Orders Number 7093, dated 
22 June 1970, show that the applicant received the Army Commendation Medal 2nd Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force during the period August 1969 through August 1970.

8.  The applicant departed Vietnam on 28 August 1970 after being credited with participating in four campaigns.

9.  The applicant was honorably released from active duty on 24 March 1971 after completing 2 years of creditable active.

10.  The applicant's DD Form 214 with the ending period of 29 July 1970 shows he was awarded the National Defense Service Medal, two Overseas Service Bars, the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal with 2 bronze service stars.

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

12.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that show he was wounded or treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam Casualty Roster.  

13.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart or Combat Infantryman Badge.  


14.  The applicant's Army Medical Treatment Records are unavailable.

15.  The applicant submitted a witness statement, dated 4 October 2007, from a former fellow Soldier assigned to his unit.  The author stated, in effect, that he was assigned to the same platoon but in different squads.  He continues that on the day of the incident the platoon was on patrol.  The author further stated that he heard an explosion and hit the ground.  The author states, "When I looked up I saw T_____ dragging his leg and hollering "I'm hit," and a medic ran over to assist.  Later we heard T_____ wasn't shot but caught shrapnel from an enemy grenade.  He was dusted off in a chopper and I think they took him to Cu Chi Base Camp Hospital to be treated."   

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.  This document shows that, at the time of the applicant’s assignment to the 2nd Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 1 November 1966 through 21 January 1970 based on Headquarters, Department of the Army General Orders Number 51, dated 1971.

17.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 based on Headquarters, Department of the Army General Orders Number 5, dated 1973.

18.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.

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 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.


20.  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.  The witness statement submitted by the applicant from a former fellow Soldier shows the witness being with the applicant on the day he was wounded.  Unfortunately, there are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records that show he was wounded or treated for wounds as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient basis for award of the Purple Heart in this case.

3.  Records show that the applicant was awarded an Army Commendation Medal with “V” Device for heroism while assigned to the 2nd Battalion, 12th Infantry, 25th Infantry Division while serving as an infantryman (i.e., a rifleman).  It appears he is therefore eligible for award of the Combat Infantryman Badge.

4.  Evidence of record shows the applicant was awarded the Army Commendation Medal (2nd Oak Leak Cluster) with "V" Device and the Air Medal. His DD Form 214 should be amended to add these awards.

5.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in four campaigns makes him eligible to wear four bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JEA __  __JLP___  __WDP _  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 amending his DD Form 214 to add the Combat Infantryman Badge, the Army Commendation Medal (2nd Oak Leak Cluster) with "V" Device, the Air Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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 the Purple Heart.




	____ James E. Anderholm _
          		CHAIRPERSON




INDEX

CASE ID
AR200700
SUFFIX

RECON

DATE BOARDED
4 MARCH 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.
107.0111.0000
3.
107.0095.0000
4.
107.0094.0000
5.

6.