RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070017036 


	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:


Ms. Shirley L. Powell

Chairperson

Ms. Yolando Maldonado

Member

Mr. Edward E. Montgomery

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, that his first name, social security number, authority and reason for separation, reenlistment code, and date of foreign service in the Republic of Vietnam on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.  Also, he requests the awards of the Purple Heart and Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, his DD Form 214 should be corrected because his first name, social security number, authority and reason for separation, reenlistment code, and date of foreign service in the Republic of Vietnam is wrong.  He never received the awards of the Purple Heart and CIB.  Also, he never received all of his awarded medals.

3.  The applicant does not provide any additional documentation. 

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 personnel record shows he enlisted in the Regular Army on 24 January 1969 for 2 years.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served as an 11B Rifleman with Company B, 2nd Battalion,  
14th Infantry, 25th Infantry Division in the Republic of Vietnam during the period 11 July 1969 to 12 September 1969.

3.  He was honorably discharged on 25 October 1970.  He immediately reenlisted on 26 October 1970 and served until he was honorably discharged on 16 September 1974 and placed on the Temporary Disability Retired List on  
17 September 1974.

4.  A review of the applicant's DD Form 214 shows that his first name, social security number, authority and reason for separation, reenlistment code, and date of foreign service in the Republic of Vietnam are recorded correctly.

5.  Medal sets for approved awards can be requested through the Defense Supply Center Philadelphia, 700 Robbins Avenue, Post Office Box  
57997, Philadelphia, PA 19111-7997.  Therefore, the issue concerning receipt of replacement awards will not be discussed further in this Record of Proceedings.

6.  The applicant's DD Form 4 (Enlistment Contract Armed Forces of the United States) confirms that his name and social security number are recorded correctly on his DD Form 214 based upon his initial enlistment in the Regular Army.

7.  Item 9c (Authority and Reason) of his DD Form 214 shows the entry "Physical Disability, Temporary Title 10, USC Section 1202 SPD: SFK."  Item  
10 (Reenlistment Code) of his DD Form 214 shows the entry "RE-4."

8.  Item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 shows the entry "28 Jun 69 – 12 Sep 69 RVN."

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the award of the Good Conduct Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal (Korea), National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bars.  However, it does not show the award of the Purple Heart and CIB.

10.  Item 40 (Wounds) of his DD Form 20 (Enlisted Qualification Record) contains no entry.

11.  There are no general orders in the available record which shows the applicant was awarded the Purple Heart.

12.  There are no medical records in the applicant's official military personnel file to show he sustained wounds as a result of hostile action or to show he was treated for wounds sustained as a result of hostile action.

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

14.  Army Regulation 672-5-1 (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.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

15.  A search on the internet by the ABCMR staff for the applicant's unit to which he was assigned in the Republic of Vietnam was unable to provide evidence to substantiate that the applicant was engaged with enemy forces in combat.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

17.  A review of the applicant's record shows entitlement to additional awards and decorations not shown in Item 26 on his DD Form 214.

18.  Army Regulation 600-8-22 states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

19.  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 the unit, to which the applicant was assigned, 2nd Battalion, 14th Infantry, 25th Infantry Division was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 5, dated 1973 and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 51, dated 1971.

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

21.  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 and received campaign credit for the Vietnam Summer-Fall 1969 (9 June  
1969 to 31 October 1969).  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 his first name, social security number, authority and reason for separation, reenlistment code, and date of foreign service in the Republic of Vietnam on his DD Form 214 should be corrected.  He also contends that he should be awarded the Purple Heart and the CIB.

2.  The evidence shows that the applicant's first name, social security number, authority and reason for separation, reenlistment code, and date of foreign service in the Republic of Vietnam are recorded correctly on his DD Form 214.

3.  The evidence shows that the applicant was not engaged in combat operations against an enemy force outside the United States nor was he wounded and treated by military medical personnel.  Therefore, he is not entitled to the award of the Purple Heart.

4.  The evidence shows the applicant's MOS was 11B (Light Weapons Infantryman) while assigned to an infantry unit of brigade, regimental, or smaller size.  However, the applicant failed to provide evidence to substantiate that he was ever engaged with enemy forces in combat.  Therefore, the applicant is not entitled to correction of his record to show the CIB.

5.  The evidence shows that the applicant is authorized the award of the KDSM.  Therefore, he is entitled to correction of his record to show this award.

6.  The evidence shows the applicant is authorized the award 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 record to show these foreign unit awards.

7.  The evidence shows the applicant was credited with participating in one campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his record to show one bronze service star to be affixed to the Vietnam Service Medal.

8.  Evidence shows that the applicant’s record contains 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

__YM___  __SLP___  __EEM__  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 to award the Purple Heart and the CIB or to correct his first name, social security number, authority and reason for separation, reenlistment code, and date of foreign service on his DD Form 214.

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 the award of the KDSM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one bronze service star 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.




_____Shirley L. Powell____
          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.