IN THE CASE OF:	  

		BOARD DATE:	  24 July 2008

		DOCKET NUMBER:  AR20080008258 


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 the Purple Heart (PH) be added to his separation document (DD Form 214).  

2.  The applicant states, in effect, he was awarded the PH and it was not included in the list of awards contained on his DD Form 214.  

3.  The applicant provides a PH Certificate and Medical Board Report 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 record shows that he was inducted into the Army and entered active duty on 24 January 1968, and was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  His Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 
12 December 1968 through 20 May 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 5th Battalion, 7th Cavalry Regiment, performing duties in MOS 11B as an rifleman and automatic rifleman.  Item 38 also confirms that he became a patient at the 106th General Hospital in Japan on 5 May 1969, and was medically evacuated to Irwin Army Hospital, Fort Riley, Kansas on 20 May 1969.  Item 38 also verifies that he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  

3.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry that indicates he received a gunshot wound to right arm, left foot, and left buttocks on 30 April 1969, while serving in the RVN, and his record Headquarters, 1st Cavalry Division General Orders Number 5450, dated 4 May 1969, which awarded him the PH for being wounded in action in the RVN on 30 April 1969.  His record is also void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the 
Army Good Conduct Medal (AGCM). 

4.  On18 September 1969, the applicant was honorably released from active duty, in the rank of specialist four (SP4), after completing 1 year, 7 months, and 25 days of active military service.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards:  National Defense Service Medal; Vietnam Service Medal (VSM); RVN Campaign Medal; Marksman Marksmanship Qualification Badge with Rifle Bar; and the 1st Class Gunner Badge with Machinegun Bar.  The PH was not included in the list of awards contained on the DD Form 214.  

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with his award for each campaign a member is credited with participating in while serving in the RVN.  

6.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  
7.  Chapter 8 of the awards regulation contains guidance on award of combat and special skill badges.  Paragraph 8-6 contains guidance on award of the Combat Infantryman Badge (CIB).  It states, in pertinent part, that there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  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.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (5th Battalion, 7th Cavalry Regiment) received the 
RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase VI and the Tet 69 Counteroffensive, 1969 campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH was erroneously omitted from the list of awards contained in Item 24 of his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 30 April 1969, and that he was awarded the PH as a result.  Therefore, it would be appropriate to add the PH to Item 24 of his DD Form 214 at this time.  

2.  The evidence of record also confirms that the applicant held and served in an infantry MOS in a qualifying infantry unit, and his personal participation in ground combat is confirmed by the fact he was wounded in action.  Therefore, it would be appropriate to award him the CIB, and to add this award to record and separation document at this time.  

3.  The applicant's record also confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 24 January 1968 through 
18 September 1969.  
4.  The evidence of record further confirms that based on his service and campaign participation in the RVN, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 2 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time. 

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 awarding him the Army Good Conduct Medal and Combat Infantryman Badge; and by amending his 18 September 1968 DD Form 214 by deleting the current list of awards in Item 24 and replacing it with the entry "National Defense Service Medal, Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with 
2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and 1st Class Gunner Badge with Machinegun Bar; and by providing him a correction to his separation document that includes these changes.



      _________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)                                         AR20080008258



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ABCMR Record of Proceedings (cont)                                         AR20080008258


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