IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080004979 


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, in effect, that he be awarded the Combat Infantryman Badge and the Purple Heart.  

2.  The applicant states, in effect, that he received both awards in Vietnam.

3.  The applicant provides a copy of his Standard Form 88 (Report of Medical Examination) and a copy of his DA Form 20 (Enlisted Qualification Record) in support of his request.

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 on 5 June 1967.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B.  He was promoted to SP4/E-4 effective 17 October 1968.  

3.  The applicant served in Vietnam from 4 November 1967 to 30 October 1968. He served until he was honorably released from active duty on 4 June 1969. 

4.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Campaign Medal with Device (1960); two Overseas Service Bars; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle); and the 1st Class Gunner Badge, with Rifle and Machinegun Bar (M-16 Rifle and
M-60 Machinegun).  His DD Form 214 does not show any additional awards.

5.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart or the Combat Infantryman Badge. 

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations).  The Combat Infantryman Badge is shown in item 41; however, it does not reflect a valid authority for the award.

7.  The applicant's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action. 

8.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart.

9.  The applicant provided a copy of his SF 88, dated 21 April 1969, which shows the entry "supra pubic scar, post shrapnel wd (wound)."  The reverse side of the form is unavailable for review.  

10.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served as a rifleman, in MOS 11B1O, with Company B, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division, and as an assistant gunner with Company D, 51st Infantry, in Vietnam.  

11.  The applicant's records contain a copy of orders awarding him the Army Good Conduct Medal for the period 5 June 1967 to 4 June 1969.  This award is not shown on his DD Form 214.
12.  Army Regulation 600-8-22 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 medical personnel, and the medical treatment must have been made a matter of official record.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers, and to enlisted and warrant officer personnel 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.

14.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the five bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  During the applicant’s tenure in Vietnam, he was credited with participation in the Vietnam Counteroffensive, Phase III campaign, which extended from 1 June 1967 through 29 January 1968; Tet Counteroffensive, which extended from 30 January through 1 April 1968; Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; Vietnam Counteroffensive, Phase V, which extended from 1 July through
1 November 1968; and the Vietnam counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969.

15.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 3, dated 1970; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO 53, 1970; and the Meritorious Unit Commendation, by DAGO 55, dated 1968; while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as 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.
2.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam Casualty List; and there are no medical records available to show that he was treated for a wound as a result of hostile action.

3.  The SF Form 88 provided by the applicant which indicates, in effect, that he receive a supra pubic scar, post shrapnel wound, is insufficient to support an award of the Purple Heart.  It is noted the medical examination was performed 
at Fort Benning in preparation for his release from active duty and is not corroborated by other required entries on official records or documentary evidence.  It is also noted that the reverse side of the form was unavailable for review.  Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart.

4.  The evidence shows that the applicant held an infantry MOS and was assigned duties as a rifleman and assistant gunner with an infantry unit; however, there is no evidence, and the applicant provided none to show he served in active ground combat while assigned to an infantry unit serving in Vietnam.  He is therefore not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.  However, if the applicant can provide a copy of his CIB orders or other substantiating evidence, he may reapply to this Board for reconsideration.

5.  The evidence of record shows that the applicant was awarded the Army Good Conduct Medal.  He is therefore entitled to correction of his record to show this already-awarded award.

6.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with two bronze service stars.  While in Vietnam, he participated in five campaigns; therefore, he is entitled to one silver service star, as opposed to the two bronze service stars now shown in connection with his already-awarded Vietnam Service Medal.

7.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Meritorious Unit Commendation, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show these unit awards.



8.  Evidence shows that the applicant’s records contain 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

___X____  ___X____  ___X____  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 him the Purple Heart and the Combat Infantryman Badge and to add these awards to 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 Good Conduct Medal; the Vietnam Service Medal, with one silver service star; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Meritorious Unit Commendation.




      ___________X____________
      	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)                                         AR20080004979



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ABCMR Record of Proceedings (cont)                                         AR20080004979



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