IN THE CASE OF:	

		BOARD DATE:	  2 December 2008

		DOCKET NUMBER:  AR20080009713 


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 that the Purple Heart, “Meritorious Achievement Award (Bronze Star),” the Combat Infantryman Badge, a marksmanship award for the M-16 and the M-14 rifle, and a Presidential Certificate of Appreciation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 24 March 1970.  He also requests, in effect, that he be found eligible for Combat-Related Special Compensation (CRSC).

2.  The applicant states he was involved in numerous fire fights in the Republic of Vietnam and should have the Combat Infantryman Badge.  He further states the Meritorious Achievement Award was a unit citation.  

3.  The applicant states in his letter to his Congressional representative that he is appealing to him to assist in getting his medals and to get CRSC.

4.  The applicant provides, in support of his application, copies of the orders awarding him the Purple Heart, orders for the M-16 Emergency Proficiency Course, orders awarding him the Sharpshooter Marksmanship Badge with Rifle Bar, a letter from the Office of The Adjutant General in St. Louis, Missouri, and his DD Form 214.

5.  In addition, the applicant provides, through his Congressional representative, copies of five pages from a Department of Veterans Affairs (VA) rating decision and a letter from U.S. Army Human Resources Command (HRC), CRSC Branch.

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.  It is noted that in his letter to his Congressional representative, the applicant refers to his application for CRSC benefits.  The applicant provides a letter from HRC, CRSC Branch which denies his request for CRSC; however, there is no evidence that the applicant's request was reconsidered the required number of times by the HRC.  The proper procedures for applying for CRSC may be found on HRC's website at https://www.hrc.army.mil/site/crsc/index.html.  As a result, the applicant's eligibility for CRSC benefits will not be discussed further in these proceedings.

3.  The applicant's military personnel record shows he initially enlisted in the Regular Army on 9 August 1968 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 63C (General Vehicle Repairman).

4.  On 4 June 1969, the applicant was discharged and immediately reenlisted on 5 June 1969 for a period of 3 years for assignment to the Republic of Vietnam.  He had completed 9 months and 26 days of active service that was characterized as honorable.

5.  Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington Special Orders Number 205, dated 24 July 1969, submitted by the applicant, show the applicant attended the Emergency Proficiency Course with the M-16 rifle.  These orders did not award a marksmanship badge.

6.  Headquarters, 1st Basic Combat Training Brigade, U.S. Army Training Center, Fort Gordon, Georgia Special Orders Number 174, dated 23 September 1968, submitted by the applicant, show he attended the Basic Rifle Marksmanship Course (Trainfire) with the M-14 rifle.  These orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
7.  The applicant was assigned to Company D, 4th Battalion, 23rd Infantry, 
25th Infantry Division in the Republic of Vietnam during the period from 5 August 1969 to 6 September 1969.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned in MOS 63C with duties as a track vehicle mechanic.

8.  Item 40 (Wounds) of the applicant's DA Form 20 contains the entry 
"FW: CHEST" (fragment wound: chest).  The entry is dated 6 September 1969.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Bronze Star Medal, the Purple Heart, or the Combat Infantryman Badge.  Item 41 does show the applicant was awarded the Sharpshooter Marksmanship Badge with Rifle Bar.

10.  Headquarters, 93rd Evacuation Hospital General Order Number 245, dated 
9 September 1969, awarded the applicant the Purple Heart for wounds received in action on 6 September 1969 in the Republic of Vietnam.

11.  On 18 February 1970, a Physical Evaluation Board (PEB) found the applicant unfit for duty for pneumonectomy (surgical excision of an entire lung or of one or more lobes of a lung) with resection of ribs 2 through 8, with decreased sensation in his left lower anterior chest; splenectomy (surgical excision of the spleen); and a scar, left anterior torso, limiting shoulder abduction to 70 degrees.  

12.  The PEB recommended the applicant be permanently retired from the service with a combined rating of 90 percent disabled.  The PEB further determined the applicant's retirement was based on disability resulting from injury or disease received in line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war as defined by law.

13.  On 24 March 1970, the applicant was discharged and permanently retired due to disability.  He had served 1 year, 7 months, and 26 days of active service that was characterized as honorable.

14.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with an effective date of 24 March 1970 shows the applicant was awarded or authorized the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  

15.  There are no orders in the applicant's military personnel records for the awards of the Bronze Star Medal or the Combat Infantryman Badge.
16.  The applicant submitted a letter from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri that forwarded to the applicant a Presidential Certificate of Appreciation.  A copy of the certificate was not included with the evidence submitted by the applicant.

17.  The pages from the applicant's VA rating decision, submitted by the applicant,  do not provide any evidence relative to awards received or authorized during the applicant's period of active service.

18.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

19.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969).

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to the 4th Battalion, 23rd Infantry the unit received the following unit awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 September 1968 to 30 September 1970, based on Department of the Army General Order Number 5, dated 1973; and 

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 30 April 1966 to 21 January 1970, based on Department of Army General Order Number 51, dated 1971.

21.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), then in effect, provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 
24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.


22.  Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge.  This paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

23.  The Awards Branch of the U.S. Army 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.

24.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

25.  Title 10 of the U. S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  In one statement the applicant contends he received a Meritorious Achievement Award and refers to the Bronze Star Medal.  There is no evidence of the applicant being recommended or awarded the Bronze Star Medal.  While the available evidence is insufficient for awarding the applicant a Bronze Star 
Medal this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

2.  In a second statement the applicant refers to the Meritorious Achievement Award having been a unit citation.  Department of the Army Pamphlet 672-3 does not show the applicant's unit as having received any unit citations other than the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  Regulations in effect at the time provided hospital commanders the authority to award the Purple Heart to personnel requiring hospitalization in excess of 
24 hours or evacuation from Vietnam.  Orders issued by the 93rd Evacuation Hospital awarded the applicant the Purple Heart for wounds received on 
6 September 1969 in the Republic of Vietnam.  Therefore, it is appropriate to add this award to his DD Form 214.

4.  The applicant contends that he should be awarded the Combat Infantryman Badge.  

5.  Evidence shows the applicant was assigned in Vietnam in MOS 63C with duties as a track vehicle mechanic.  Therefore, the applicant did not meet the regulatory requirements for award of the Combat Infantryman Badge.

6.  Orders from the Headquarters, U.S. Army Personnel Center at Fort Lewis only show the applicant attended a proficiency course for the M-16 rifle.  These orders did not award a marksmanship badge.  However, orders from the 
1st Basic Combat Training Brigade and an entry on the applicant's DA Form 20 show he was awarded the Sharpshooter Marksmanship Badge with Rifle Bar for his qualification with the M-14 rifle.  Therefore, it is appropriate to add the Sharpshooter Marksmanship Badge with Rifle Bar to Item 24 of his 
DD Form 214.

7.  The applicant's military personnel records show he participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star to be worn on his Vietnam Service Medal.  

8.  Based on the applicant's service with 4th Battalion, 23rd Infantry he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



9.  The Presidential Certificate of Appreciation is not listed in Army 
Regulation 600-8-22.  Only those awards listed in this regulation are included on a Soldier's DD Form 214.  Therefore, it is not appropriate to include the Presidential Certificate of Appreciation on the applicant's DD Form 214.

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 of the individual concerned be corrected by amending Item 24 of the applicant's DD Form 214 with an effective date of 
24 March 1970 to show he was awarded the Purple Heart, one bronze service star to be worn on his already-awarded Vietnam Service Medal, the Sharpshooter Marksmanship Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

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 a Meritorious Achievement 
Award, the Bronze Star Medal, the Combat Infantryman Badge, and the Presidential Certificate of Appreciation.



      _________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)                                         AR20080009713



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ABCMR Record of Proceedings (cont)                                         AR20080009713



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