IN THE CASE OF:	 

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080008782 


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 to his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge), dated 9 June 1968, to show his award of the Purple Heart and the Combat Infantryman Badge.  

2.  The applicant further requests, in effect, correction to his DD Form 214 (Report of Separation from Active Duty), dated 7 April 1974, to show his Purple Heart award, and his correct entry date in Item 15 (Date Entered Active Duty This Period).

3.  The applicant states, in effect, that his awards of the Purple Heart and the Combat infantryman Badge are not shown on his first DD Form 214, dated 9 June 1968.  The Purple Heart is also not shown on his second DD Form 214, dated 7 April 1974.  He also states, in effect, that Item 15 of his DD Form 214, dated 7 April 1974, should also show 6 July 1970 as his correct entry date.  He would like these mistakes corrected and be provided an amended copy.

4.  In support of his application, the applicant provides copies of his DD Forms 214 dated 9 June 1968, 7 April 1974, and 8 January 1978.

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 records show he enlisted in the Regular Army, in pay grade E-1, on 10 June 1965, for 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B, light weapons infantryman.  He served in Vietnam from 1 July 1966 to
30 June 1967, during two campaigns.

3.  There are no orders in the applicant’s military personnel records that show he was awarded the Combat Infantryman Badge.  

4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), shows "Grenade shrapnel – limbs and chest” on March 1967.  Item 41 (Awards and Decorations) lists the Combat Infantryman Badge and the Purple Heart in addition to his other awards.  

5.  The applicant was released from active duty, in pay grade E-5, on 9 June 1968, at the expiration of his term of service.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

6.  Entries on the applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); the Good Conduct Medal; and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  The Purple Heart and the Combat Infantryman Badge are not listed.

7.  The applicant's records contain a copy of U.S. Army Total Personnel Command, Alexandria, VA Permanent Orders 74-7, dated 14 March 1996, announcing the applicant’s award of the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 26 March 1967.  His records also contain a copy of the resulting certificate, dated 14 March 1996, for this award.  There is no evidence he was provided a DD Form 215 (Correction to DD Form 214) listing this award.

8.  The applicant enlisted in the Regular Army, in pay grade E-5, on 6 July 1970, for 3 years.  He was honorably discharged for the purpose of immediate reenlistment on 7 April 1974.  He was issued a DD Form 214 that shows in Item 15, the date 6 July 1974, which should read 6 July 1970.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), lists the following awards:  the National Defense Service Medal, the Good Conduct Medal (2nd Award), the Vietnam Service Medal, the Vietnam Campaign Medal, the Armed Forces Expeditionary Medal, the Combat Infantryman Badge, two Overseas Service Bars, and two Service Stripes.  The Purple Heart is not listed.

9.  The applicant reenlisted on 8 April 1974, for 4 years.  He served in Korea from 16 July 1971 to 26 November 1972.  He was honorably discharged for the purpose of immediate reenlistment on 8 January 1978.  He was issued a DD Form 214, that shows in Item 26 the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); the Combat Infantryman Badge; the Army Commendation Medal with one Oak Leaf Cluster, the Armed Forces Expeditionary Medal (Korea), two Overseas Service Bars; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Good Conduct Medal (3rd Award); the Purple Heart; and the Republic of Vietnam Gallantry Cross with Palm.

10.  The applicant reenlisted on 9 January 1978 and served continuously until his separation for the purpose of retirement on 31 January 1993.

11.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the Meritorious Service Medal with First Oak Leaf Cluster; the Army Commendation Medal with Second Oak Leaf Cluster; the Army Achievement Medal with Second Oak Leaf Cluster; the Purple Heart; the Army Good Conduct Medal (7th Award); the National Defense Service Medal with one bronze service star; the Armed Forces Expeditionary Medal; the Vietnam Service Medal with three bronze service stars; the Noncommissioned Officer Professional Development Ribbon, with Numeral 3; the Army Service Ribbon; the Overseas Service Ribbon; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Campaign Medal with Device (1960); the Army Expert Badge Combat Action Medal (sic); the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); the Combat Infantryman Badge; and two Overseas Service Bars.

12.  The Vietnam Casualty Roster shows the applicant was wounded on 26 March 1967 and the casualty status code was "23."  This code indicates the status "hostile wounded in action, not serious, hospitalized."  

13.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) of the records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show any orders were published authorizing award of the Purple Heart or the Combat Infantryman Badge to the applicant.  

14.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  (a) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (b) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  
(1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (3) participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, dated 9 June 1968, does not show his award of the Purple Heart and the Combat Infantryman Badge.  The applicant's records and the Vietnam Casualty Roster show he sustained grenade shrapnel wounds to the limbs and chest on 26 March 1967, in the Republic of Vietnam, as a result of hostile action.  There are no orders that show the applicant was awarded the Combat Infantryman Badge; however, the evidence shows he served in an infantry MOS, in an infantry unit in the Republic of Vietnam, and confirms that he was personally present and participated in active ground combat operations while assigned or attached to this infantry unit. 

2.  The evidence also shows when the applicant was released from active duty on 9 June 1968.  The Purple Heart and the Combat Infantryman Badge were not listed as authorized awards on his DD Form 214.  The applicant enlisted on
6 July 1970 and served until his discharge on 7 April 1976.  He was issued a DD Form 214 that listed the award of the Combat Infantryman Badge but not the Purple Heart. 

3.  The applicant reenlisted on 8 April 1976 and was discharged on 8 January 1978.  The applicant’s award of both the Purple Heart and the Combat Infantryman Badge were listed on his DD Form 214 at that time.  Permanent Orders 47-7, dated 14 March 1996, were subsequently issued announcing his award of the Purple Heart for wounds received as a result of hostile action on 
26 March 1967.  

4.  Based on the foregoing, it is concluded that the applicant is entitled to have the already-awarded Purple Heart and Combat Infantryman Badge added to his DD Form 214, dated 9 June 1968; and the Purple Heart added to his DD Form 214, dated 7 April 1974.

5.  The applicant further contends that Item 15a of his DD Form 214, dated 4 July 1974, shows an incorrect date.  The evidence shows the applicant enlisted on 6 July 1970 and served on active duty through 7 April 1974.  He was issued a DD Form 214 showing the date 6 July 1974 listed in Item 15 and the correct date should read 6 July 1970.  Therefore, the applicant is entitled to a correction of Item 15 of his DD Form 214, dated 7 April 1974, Item 15 to show 6 July 1970.

6.  The evidence of record also shows that the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to add this award to his final DD Form 214, dated 31 January 1993, at this time.  

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  adding the following awards to the list of awards shown on the individuals DD Form 214, dated 9 June 1968; the Purple Heart, for wounds received as a result of hostile action in the Republic of Vietnam, on 26 March 1967 and the Combat Infantryman Badge; 
   
   b.  correcting Item 15 (Date Entered Active Duty This Period), of his DD Form 214, dated 7 April 1974, to show the date 6 July 1970; 
   
   c.  adding the Purple Heart to his DD Form 214, dated 8 January 1978;
   
   d.  adding the Korea Defense Service Medal to the applicant’s DD Form 214, dated 31 January 1993; and 
   
   e.  providing him a correction to his separation documents as a result of 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)                                         AR20080008782



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ABCMR Record of Proceedings (cont)                                         AR20080008782


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