IN THE CASE OF:	  

		BOARD DATE:	        21 AUGUST 2008

		DOCKET NUMBER:  AR20080009872 


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 Report of Transfer or Discharge (DD Form 214) to show his award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart and that it was never included on his DD Form 214. 

3.  The applicant provides in support of his application, a copy of his DD Form 214 and a copy of the certificate showing that he was awarded the Purple Heart.

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.  On 18 February 1970, the applicant was inducted into the Army of the United States in St. Louis, Missouri, in the pay grade E-1.  He successfully completed his training as a light weapons infantryman.  He was transferred to Vietnam on 31 July 1970 and he was assigned to Company D, 2nd Battalion (Airmobile), 502nd Infantry Regiment.

3.  The applicant's records show that General Orders Number 280 was published on 18 November 1970, awarding him the Purple Heart for wounds received in action on 14 November 1970.  General Orders Number 280 was issued by Headquarters, 95th Evacuation Hospital.

4.  The applicant returned to the Continental United States on 29 November 1970.  

5.  On 13 January 1971, General Orders Number 392 was published awarding the applicant the Purple Heart for wounds received in action on 14 November 1970.  General Orders Number 392 was issued by Headquarters, 101st Airborne Division (Airmobile).

6.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  The applicant was honorably released from active duty (REFRAD) on
15 November 1971 and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal and the Vietnam Service Medal.  However, his awards of the Purple Heart and the Republic of Vietnam Campaign Medal with Device (1960) were never included on his DD Form 214.

8.  Review of the applicant’s record indicates entitlement to an additional award and decoration that is not shown on his DD Form 214.

9.  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.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart in General Orders Number 280 dated 18 November 1970 and in General Orders Number 392 dated 13 January 1971 for the same incident.  One order was issued by Headquarters, 95th Evacuation Hospital and the other order was issued by Headquarters, 101st Airborne Division (Airmobile).

2.  Although an error was made when two separate orders were published awarding him the Purple Heart for the same date, it is clear that the applicant was awarded the Purple Heart and that it was erroneously omitted from his DD Form 214.  Therefore, it would be appropriate to void one of the orders awarding him the Purple Heart and to amend his DD Form 214 to include one award of the Purple Heart.

3.  He was also awarded the Republic of Vietnam Campaign Medal with Device (1960) which was omitted from his DD Form 214 and one bronze service star for wear on his already-awarded Vietnam Service Medal to denote his campaign participation in Vietnam.  His DD Form 214 should also be amended to include these awards.

4.  Additionally, the applicant's records show that he is entitled to the award of the Combat Infantryman Badge.  While he was in the Army he served in an infantry MOS and he was assigned to an infantry regiment.  He engaged in military ground operations against a hostile force as evident by his award of the Purple Heart.  Accordingly, he is entitled to the Combat Infantryman Badge and to have this award included on his DD Form 214.

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.



BOARD VOTE:

__XXX __  __XXX__  __XXX__   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.  voiding General Orders Number 392, dated 13 January 1971, awarding him a duplicate award of the Purple Heart;

   b.  amending his DD Form 214 to show that he was awarded the Purple Heart, the Republic of Vietnam Campaign Medal with Device (1960), and one bronze service star for wear on his already-awarded Vietnam Service Medal; and

	c.  awarding him the Combat Infantryman Badge effective 14 November 1970, while serving in the rank of specialist four (E-4), and adding this award to his DD Form 214.



      ___        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)                                         AR20080009872



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ABCMR Record of Proceedings (cont)                                         AR20080009872



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