IN THE CASE OF:	  

		BOARD DATE:	  	  

		DOCKET NUMBER:  AR20080006446


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Combat Infantryman Badge, and all other awards to which he is entitled.  The applicant also requests that the spellings of his name and the character of service on his DD Form 214 be corrected.

2.  The applicant states, in effect, that his unit had been receiving hostile fire when he was accidently wounded by one of the unit’s helicopters.  He states that he was transported and received medical treatment.  He continues to state that his military occupational specialty (MOS) was 11B4O and that his DD Form 214 does not show award of the Combat Infantryman Badge.  He states that he was not aware that he could request a correction to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 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 military service records show that he was inducted into the Army of the United States on 10 July 1968.  He completed basic training and advanced individual training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DD Form 214 for the period ending 9 July 1970 shows that he was honorably released from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows that he served a total of 2 years of creditable active military service during this period.  The highest rank he achieved was sergeant/pay grade E-5.

4.  Item 1 (Last Name, First Name, Middle Name) of the applicant’s DD Form 214 shows the letter “e” as the fifth letter of his first name.  His military service records which include his induction document show the letter “a” as the fifth letter of his first name.  The correct spelling is also evidenced by the applicant’s signatures on his DD Form 214 and DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552).

5.  Item 13a (Character of Service) of the applicant’s DD Form 214 shows his honorable character of service misspelled.

6.  Item 22c (Foreign and/or Sea Service) of the applicant’s DD Form 214 shows that the applicant served in the Republic of Vietnam for a period of 11 months and 29 days.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that the applicant was awarded the Air Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960-), and Vietnam Service Medal with one bronze service star.

8.  Item 24 of the applicant’s DD Form 214 does not show that the applicant was awarded the Purple Heart or Combat Infantryman Badge.

9.  Item 30 (Remarks) of the applicant’s DD Form 214 shows that the applicant served in the Republic of Vietnam during the period 8 December 1968 through 6 December 1969.

10.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that the applicant served in the Republic of Vietnam during the period 8 December 1968 through 6 December 1969.

11.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that the applicant was assigned to Company D, 1st Battalion, 2d Infantry Regiment, 1st Infantry Division, during his service in the Republic of Vietnam.

12.  Item 38 of the applicant’s DA Form 20 also shows that the applicant received ratings of “excellent” for conduct and efficiency throughout his military service.

13.  Item 39 (Campaigns) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “Vietnam Unnamed Campaign.”

14.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank.

15.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that the applicant was awarded the Air Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960-), Vietnam Service Medal with one bronze service star, Sharpshooter Marksmanship Qualification Badge with rifle bar (M-14), Sharpshooter Marksmanship Qualification Badge with rifle bar (M-16), and two overseas service bars.

16.  Item 41 of the applicant’s DA Form 20 does not show that the applicant was awarded the Purple Heart or Combat Infantryman Badge.

17.  Headquarters, 1st Infantry Division, General Orders 15226, dated 15 November 1969, awarded the applicant the Army Commendation Medal for meritorious service for the period December 1968 to December 1969.

18.  Headquarters, U.S. Army Training Center Infantry, Special Orders 213, dated 5 September 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

19.  Headquarters, Second Advanced Individual Training Brigade, U.S. Army Training Center Infantry, Special Orders 219, dated 19 October 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

20.  The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, shows that the applicant was awarded the Air Medal and the Army Commendation Medal.

21.  The Awards and Decorations Computer Assisted Retrieval System does not contain any orders on file awarding the applicant the Purple Heart or the Combat Infantryman Badge.

22.  The Casualty Reference Name Listing, a roster of Vietnam-era medical casualties by name, for the period 1 January 1961 through 30 June 1973 does not contain the applicant’s name.

23.  There is no evidence in the applicant’s available medical records that shows that he sustained injuries or wounds as a result of hostile action or received treatment for injuries or wounds during his period of military service.

24.  The applicant's military service records do not indicate that he had any acts of indiscipline.  There is no evidence that he was disqualified by his chain of command for award of the Army Good Conduct Medal (First Award).

25.  Department of the Army General Orders 2, dated 1971, authorized award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the 1st Battalion, 2d Infantry, during the period 23 September 1969 to 15 February 1970.

26.  Department of the Army General Orders 53, dated 1970, authorized award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service in Vietnam to the 1st Battalion, 2d Infantry, during the period October 1965 to 7 April 1970.

27.  Army Regulation 600-8-22 (Military Awards) 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.  The Purple Heart differs from all other decorations in that an individual is not “recommended” for the decoration; rather he or she is entitled to it upon meeting specific criteria.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and concussion injuries caused as a result of enemy-generated explosions.

28.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge may be awarded to an infantry or special forces officer or an enlisted or warrant officer with an infantry or special forces MOS assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental or smaller size during any period such unit was engaged in active ground combat.  The Awards Policy Branch of the Army Human Resources Command has advised in similar cases that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H during the Vietnam era.

29.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) establishes policy governing award of the Combat Infantryman Badge for Army forces operating in South Vietnam.  Appendix V of this regulation specifically states that 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.”

30.  Chapter 4 (Good Conduct Medal and Army Reserve Components Achievement Medal) of Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by exemplary behavior, efficiency, and fidelity during a qualifying period of enlisted active Federal military service.  This period is three years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to award of the Good Conduct Medal, disqualification must be justified.

31.  Appendix B (Campaigns, Service Requirements and Inscriptions Prescribed for Streamers) of Army Regulation 600-8-22 (Military Awards) lists the Republic of Vietnam campaigns.  During the applicant's tour of duty in the Republic of Vietnam, credit was awarded for participation in the Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive 1969, Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970 campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for amendment of his DD Form 214 to correct the spellings of his name and character of service and to reflect all awards to which he is entitled was carefully considered and determined to have merit.  However, the portions of his request for correction to show award of the Purple Heart and Combat Infantryman Badge were determined to lack sufficient evidence.

2.  Item 1 of the applicant’s DD Form 214 shows the letter “e” as the fifth letter of his first name.  His military service records show the letter “a” as the fifth letter of his first name.  Therefore, his DD Form 214 should be corrected to show the letter “a” as the fifth letter of his first name.

3.  Item 13a of the applicant’s DD Form 214 shows his honorable character of service misspelled.  Therefore, his DD Form 214 should be corrected to show the character of service as “Honorable.”

4.  There are no orders in the applicant's military service records which indicate that he was awarded the Purple Heart.  There is also no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart.

5.  Although the applicant was awarded the military occupational specialty 11B and was assigned to Company D, 1st Battalion, 2d Infantry Regiment, 1st Infantry Division, during his service in the Republic of Vietnam, there is no evidence that he was assigned during any period this unit was engaged in active ground combat to qualify for award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

6.  General Orders 15226, dated 15 November 1969, awarded the applicant the Army Commendation Medal for meritorious service.  Therefore, his DD Form 214 should be corrected to show award of the Army Commendation Medal.

7.  Special Orders 213, dated 5 September 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with rifle bar (M-14).  Therefore, his DD Form 214 should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Special Orders 219, dated 19 October 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with rifle bar (M-16).  Therefore, his DD Form 214 should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  A review of the applicant's military service records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  There is no evidence that the applicant received the first award of the Army Good Conduct Medal.  He received ratings of “excellent” for conduct and efficiency throughout his military service and his records show no acts of indiscipline.  The applicant is entitled to the first award of the Army Good Conduct Medal based on his ratings of “excellent” for conduct and efficiency and completion of a period of qualifying service.  Therefore, he should be awarded the Army Good Conduct Medal and his records should be corrected to show this award.

11.  General Orders 2, dated 1971, authorized award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the 1st Battalion, 2d Infantry, during the period 23 September 1969 to 15 February 1970.  Therefore, he is entitled to correction of his records to reflect this award.

12.  General Orders 53, dated 1970, authorized award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service in Vietnam to the 1st Battalion, 2d Infantry, during the period October 1965 to 7 April 1970.  Therefore, he is entitled to correction of his records to reflect this award.

13.  The applicant’s military service records show that he was awarded the Vietnam Service Medal with one bronze service star; however, his records indicate that he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three additional bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  amending his DD Form 214 to correct the spelling of his name to show the letter “a” as the fifth letter of his first name;

	b.  amending his DD Form 214 to correct the spelling of his character of service to show “Honorable”;

	c.  awarding the applicant the Army Good Conduct Medal (First Award) for the period 10 July 1968 to 9 July 1970; and

	d.  amending his DD Form 214 to add the Army Commendation Medal, Army Good Conduct Medal (First Award), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to show he is authorized the wear of four bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awards of the Purple Heart and Combat Infantryman Badge.



      ____________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)                                         AR20080006446



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ABCMR Record of Proceedings (cont)                                         AR20080006446



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