IN THE CASE OF:	  

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:  AR20080005397 


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 correction of his records to show award of the Purple Heart and the Bronze Star Medal.

2.  The applicant states, in effect, that the awards were left off his record due to an oversight.

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 5 February 1969; a copy of General Orders Number 8627, dated 18 July 1968, showing award of the Purple Heart; and copy of General Orders Number 10029, dated 10 August 1968, showing award of the Bronze Star Medal, in support of his application.

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 records show that he was inducted into the Army of the United States on 17 October 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The highest rank he attained during his military service was specialist four (SP4)/E-4.  He was placed on the Permanent Retired List by reason of physical disability on 5 February 1969. 

3.  The applicant’s records show he served in the Republic of Vietnam during the period 19 April 1968 to 31 July 1968.  He was assigned to Company C, 1st Battalion, 12th Cavalry, 1st Cavalry Division. 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 24 does not show award of the Purple Heart or the Bronze Star Medal.

5.  Headquarters, 1st Air Cavalry Division, General Orders Number 8627, dated 18 July 1968, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 10 July 1968.

6.  Headquarters 1st Air Cavalry Division, General Orders Number 10029, dated 10 August 1968, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.

7.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

8.  Headquarters 1st Air Cavalry Division, General Orders Number 11083, dated 22 August 1968, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.




9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 56, dated 1969.

10.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases IV and V campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Headquarters, 1st Training Brigade, Fort Gordon, Georgia, Special Orders Number 168, dated 1 December 1967; show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), on 28 November 1967.

13.  Headquarters, 3rd Advanced Individual Training Brigade, Fort Gordon, Special Orders Number 43, dated 29 February 1968, show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Mortar Bar
(81 mm), on 18 February 1968.

14.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received an "Excellent" conduct and efficiency rating throughout his military service.

15.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.


16.  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.

17.  Army Regulation 600-8-22 also states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 10 July 1968.  This award is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

2.  General Orders show the applicant was awarded two awards of the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam.  These awards are not shown on his records; therefore, he is entitled to have his records corrected to show these awards. 

3.  General Orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

4.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Mortar Bar (81 mm), which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record confirms that the applicant served honorably during the period 17 October 1967 to 5 February 1969.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to 
award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

7.  The evidence of record shows that the applicant held an infantry MOS and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, as evidenced by his award of the Purple Heart.  Therefore, there is sufficient evidence to show the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

BOARD VOTE:

___X____  __X____  __X_____  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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 October 1967 to 5 February 1969; 

	b.  awarding the applicant the Combat Infantryman Badge on 10 July 1968; and

	c.  showing award of the Purple Heart, the Bronze Star Medal (1st Oak Leaf Cluster), the Combat Infantryman Badge, the Good Conduct Medal (1st Award), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the 


Marksman Marksmanship Qualification Badge with Mortar Bar (81 mm), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


															XXX
      ______________________
               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)                                         AR20080005397



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ABCMR Record of Proceedings (cont)                                         AR20080005397



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