IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080003992 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states that he was in several fire fights while in Vietnam.  Master Sergeant J___ said he was going to give the awards to him, but Master Sergeant J___ died the next day.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 15 January 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 76A (Supply Clerk).

3.  The applicant arrived in Vietnam and was assigned to Replacement Detachment, Company A, 7th Support Battalion, 199th Infantry Brigade on        19 June 1969 for training in MOS 11B (Light Weapons Infantryman).  

4.  Orders dated 23 June 1969 promoted the applicant to Private First Class, E-3 in MOS 76A.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that on     30 June 1969 he was reassigned to Company B, 7th Support Battalion, 199th Infantry Brigade and performed duties in MOS 76A as a supply handler.  

6.  Orders dated 30 September 1969 promoted the applicant to Specialist Four, E-4 in MOS 76Y (Armorer/Unit Supply Specialist).

7.  On 4 December 1969, the applicant was recommended for promotion to Sergeant, E-5 in MOS 76Y.

8.  Headquarters, 199th Infantry Brigade General Orders Number 2364, dated   13 December 1969, awarded the applicant the Army Commendation Medal (ARCOM) for meritorious achievement.

9.  Headquarters, U. S. Army Vietnam General Orders Number 947, dated         24 April 1970, awarded the applicant the ARCOM with 1st oak leaf cluster for meritorious achievement.

10.  The applicant’s DA Form 20 shows that on 1 May 1970 he had a change of duty and was assigned to duties in MOS 76A as a light truck driver.  

11.  Headquarters, U. S. Army Vietnam General Orders Number 1500, dated    26 May 1970, awarded the applicant the ARCOM with 2nd oak leaf cluster for meritorious service.  

12.  The applicant departed Vietnam on 14 June 1970 after being credited with participation in three campaigns.

13.  Headquarters, 2nd Armored Division General Orders Number 1380, dated    21 September 1970, awarded the applicant the Army Good Conduct Medal.

14.  On 16 October 1970, the applicant was honorably released from active   duty.  His DD Form 214 shows he was awarded the Vietnam Service Medal with
2 bronze service stars, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the ARCOM with 1st oak leaf cluster.

15.  Item 40 (Wounds) of the applicant’s DA Form 20 does not show he was wounded.  His name is not listed on the Vietnam Casualty Roster.  

16.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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.

17.  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, 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.

18.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

19.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  
20.  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 7th Support Battalion, it was cited for award of the Meritorious Unit Commendation for the period 1 January 1969 through 30 June 1970 by Department of the Army General Orders (DAGO) Number 50, dated 1971.

21.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 7th Support Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
19 June 1968 through 31 July 1970 by DAGO Number 51, dated 1971.

22.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 7th Support Battalion, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provided none to show he was wounded in action.  Therefore, there is insufficient evidence on which to base award of the Purple Heart.

2.  The evidence of record shows that the applicant was a supplyman who performed supply or driver duties while in Vietnam.  Although it appears he was provided some training as an infantryman when he first arrived in Vietnam on    19 June 1969, it also appears that he was never awarded MOS 11B.  Four days later he was promoted to Private First Class in MOS 76A; three months after that he was promoted to Specialist Four in MOS 76Y; and three months after that he was recommended for promotion to Sergeant in MOS 76Y.  The applicant may very well have been involved in firefights; unfortunately, there is no evidence to show he was involved in those firefights as an 11B infantryman.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge.

3.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal with 2 bronze service stars when he was credited with participation in three campaigns.  His DD Form 214 should be amended to show the Vietnam Service Medal with 3 bronze service stars.


4.  The applicant’s DD Form 214 shows he was awarded the ARCOM with 1st oak leaf cluster when orders show he was awarded the ARCOM with 2nd oak leaf cluster.  His DD Form 214 should be amended to show the ARCOM with 2nd oak leaf cluster.

5.  The applicant was awarded the Army Good Conduct Medal, and his DD Form 214 should be amended to add this award.

6.  The applicant was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation, 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.

7.  Evidence shows that the applicant’s records contain administrative errors which do 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

___xx___  ___xx___  ____xx__  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 administrative errors 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 by amending his DD Form 214 to add the Army Good Conduct Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with 
Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; to show he was awarded the Vietnam Service Medal with     3 bronze service stars instead of the 2 bronze service stars now reflected on his DD Form 214; and to show he was awarded the Army Commendation Medal with 2nd oak leaf cluster instead of the Army Commendation Medal with 1st oak leaf cluster now reflected on his DD Form 214.




	__________xx___________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080003992



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ABCMR Record of Proceedings (cont)                                         AR20080003992



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