IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20080005002 


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, correction of his records to show that he was awarded the Purple Heart and Combat Infantryman Badge.

2.  The applicant states, in effect, that when he first arrived in Vietnam his MOS (military occupational specialty) was 71B because of his many injuries.  All available personnel were assigned to a field unit.  He was assigned to a rifle platoon and was in the field up until his DEROS (Date Eligible for Return From Overseas) back to the US (United States).  He states he was wounded in the left shoulder from small arms and his unit was hit by a mortar attack and most or all records where destroyed. 

3.  The applicant provides no additional documentation 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 complete records are unavailable for review; however, sufficient records, to include a completed DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is available to allow a response to the applicant's request.

3.  The applicant's record shows he enlisted in the Regular Army on 28 June 1968.  He was trained as a Clerk Typist, in MOS 71B.  He was promoted to SP5/E-5 effective 23 December 1969.  

4.  The applicant served in Vietnam from 16 January 1969 to 15 January 1970. He served until he was honorably released from active duty on 25 June 1971. 

5.  The applicant's DD Form 214 shows he was awarded the Army Commendation Medal; the Good Conduct Medal; the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); the Expert Marksmanship Qualification Badge, with Rifle Bar (M-16); and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14).  His DD Form 214 does not show any additional awards.  

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) is unavailable for review for the period of service from 28 June 1968 to 25 June 1971. 

7.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart. 

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

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

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

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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 Total Army Personnel Command [now the 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.

13.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three 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.  During his tenure in Vietnam he was credited with participation in the Vietnam Counteroffensive, Phase VI campaign, which extended from 2 November 1968 through 22 February 1969; Vietnam Summer-Fall 1969 campaign, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970 campaign, which extended from 1 November 1969 through 30 April 1970.

14.  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 8, dated 1974, for his service in Vietnam.  

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, 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 Roster; and there are no medical records available to show that he was treated for a wound as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart.

3.  The applicant claims that he was wounded in the left shoulder from small arms and his unit was hit by a mortar attack and most or all records were destroyed; however, he has provided no evidence, and there is none available to the Board, to support his claim that he was wounded in the left shoulder from smalls arms or that his unit was unit was hit by a mortar attack. 

4.  The applicant claims that when he first arrived in Vietnam his MOS was 71B, clerk typist, because of his many injuries and all available personnel were assigned to a field unit.  There is no evidence, and the applicant has provided no evidence, to show that he received or sustained many injuries while serving on active duty during the period 28 June 1968 to 25 June 1971.  

5.  There is no evidence that the applicant was awarded the Combat Infantryman Badge while he served in Vietnam.  The Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer personnel who held an infantry MOS.  They must also have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The applicant served as a clerk typist, in MOS 71B, during the period 28 June 1968 to 25 June 1971.  There is no evidence to show that he was reclassified into an infantry MOS prior to his release from active duty while he served in Vietnam.  He is therefore not eligible for award of the Combat Infantryman Badge and he is not eligible to have it added to his DD Form 214.

6.  The applicant alleges that all available personnel were assigned to a field unit and that he was assigned to a rifle platoon.  There is no evidence, and the applicant has provided no evidence, to support his allegations.

7.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in three campaigns; therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

8.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.

9.  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 Vietnam Service Medal, with three bronze service stars; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to his DD Form 214.



      __________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)                                         AR20080005002



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ABCMR Record of Proceedings (cont)                                         AR20080005002



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