RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080002722 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Army Commendation Medal with “V” device.

2.  The applicant states he was awarded all of the above awards.

3.  The applicant provides a Purple Heart award certificate; two sets of special orders; Army Commendation Medal with “V” device orders; and his DD Form 214.

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 27 June 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Paragraph 214 of Headquarters, U. S. Army Training Center, Infantry and Fort Lewis Special Orders Number 66, dated 7 March 1969, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Paragraph 217 of Headquarters, U. S. Army Training Center, Infantry and Fort Lewis Special Orders Number 66, dated 7 March 1969, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.


5.  The applicant arrived in Vietnam and was assigned to the 2d Battalion, 60th Infantry, 9th Infantry Division on 6 May 1969.  He performed duties as a rifleman. He was wounded in action on 13 May 1969 and was medically evacuated on    27 May 1969.

6.  The applicant’s name is not listed on the Vietnam Casualty Roster.  Item      40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he received a fragment wound to the chest on 13 May 1969.  A casualty message and a Western Union telegram show he was slightly wounded in action on        13 May 1969 by a fragment to the chest while on a combat operation when a hostile force was encountered.  

7.  The applicant provided a Purple Heart certificate showing he was wounded in action on 13 May 1969.

8.  Headquarters, 9th Infantry Division General Orders Number 6137, dated      29 May 1969, awarded the applicant the Army Commendation Medal with “V” device for heroism on 13 May 1969.

9.  The applicant was honorably released from active duty in the rank of Specialist Four, E-4 on 31 March 1970 after completing 1 year, 9 months, and    5 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960).

10.  Headquarters, 5th Infantry Division (Mechanized) and Fort Carson General Orders Number 81, dated 3April 1970, awarded the applicant the Army Commendation Medal for meritorious service for the period 30 July 1969 to       28 March 1970.

11.  The applicant’s records contain no derogatory information.  His DA Form    20 shows his conduct and efficiency were rated as “excellent” throughout his service.

12.  Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record.


13.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who actively participates in such ground combat.  

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

15.  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 2d Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by Department of the Army General Order Number 59, dated 1969.

16.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s name is not listed on the Vietnam Casualty Roster.  However, the entry in item 40 of his DA Form 20, the casualty message, the Western Union telegram, and the Purple Heart certificate he provided are accepted as sufficient evidence to show he was wounded in action on 13 May 1969 and was awarded the Purple Heart.  Therefore, the Purple Heart should be added to his DD Form 214.  

2.  Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, these badges should be added to his DD Form 214.


3.  Orders show the applicant was awarded the Army Commendation Medal with “V” device and later an Army Commendation Medal for meritorious service.  Therefore, his DD Form 214 should be amended to show he was awarded the Army Commendation Medal with “V” device and with first oak leaf cluster.

4.  Although there is no evidence of record to show the applicant was awarded the Combat Infantryman Badge, the criteria for award of this badge does not include a minimum time frame.  During the short period the applicant was assigned to Vietnam he was an infantryman assigned to an infantry unit.  The fact he was wounded in action shows he was actively engaged in ground combat.  The fact he was awarded the Army Commendation Medal with “V” device shows he satisfactorily performed infantry duties.  It would be equitable to add the Combat Infantryman Badge to his DD Form 214.

5.  The applicant’s records contain no derogatory information.  He completed over 21 months of creditable active service with no lost time.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.  

6.  The applicant served in a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

BOARD VOTE:

__XXX_____ __XXX   __XXX__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

     a.  awarding him the first award of the Army Good Conduct Medal for the period 27 June 1968 through 31 March 1970; and

     b.  adding the Purple Heart, the Army Commendation Medal with “V” device and with first oak leaf cluster, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.




               __        XXX___  
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080002722


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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