IN THE CASE OF:	  

		BOARD DATE:	        02 OCTOBER 2008

		DOCKET NUMBER:  AR20080012210 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge be corrected to reflect his award of the Purple Heart. 

2.  The applicant states that his DD Form 214 does not reflect his award of the Purple Heart for a gunshot wound he received in Vietnam.

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 was inducted in Houston, Texas on 25 July 1967 and was transferred to Fort Polk, Louisiana to undergo his training.  He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 25 January 1968, for assignment to the 2nd Battalion, 12th Infantry Regiment. 

3.  On 4 March 1968, while serving in the rank of private first class (PFC), the applicant sustained a gunshot wound to the chin and left shoulder in action against the enemy.  He was medically evacuated to the 36th Evacuation Hospital in Vung-Tau, South Vietnam and on 11 March 1968, General Order Number 34 was published by the 36th Evacuation Hospital awarding the applicant the Purple Heart for wounds received in action on 4 March 1968.  He was subsequently transferred to the 249th General Hospital at Camp Drake, Japan.

4.  On 14 May 1968, the applicant was convicted by a General court-martial of two specifications of stealing a total of $250.00 from another Soldier/patient on 23 and 24 March 1968.  The applicant pled guilty to the charges and was sentenced to confinement at hard labor for 3 months and a forfeiture of pay.

5.  The applicant was reassigned to a logistics command at Fort Buckner, Okinawa on 5 August 1968 and was advanced to the pay grade of E-4 on 16 January 1969.  He was also awarded a new primary military occupational specialty (PMOS) of 76Y20 (Armorer/Unit Supply Specialist).

6.  On 24 October 1969, the applicant was honorably discharged on his expiration of term of service at Fort Buckner.  He was granted a waiver to reenlist and on 25 October 1969, he reenlisted for a period of 3 years.

7.  On 1 December 1969, he departed Okinawa for assignment to Fort Hood, Texas, with a reporting date of 9 January 1970.  He did not report as ordered and remained absent in desertion until he was apprehended by civil authorities on 24 February 1971.  He was returned to military control at Fort Hood on 24 March 1971, where charges were preferred against him.

8.  The facts and circumstances surrounding his discharge are not present in the available records.  However, his records contain a duly constituted DD Form 214 which shows that the applicant was discharged with an undesirable discharge on 7 June 1971, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 5 months of active service on his current enlistment and had 440 days of lost time.   His DD Form 214 issued at the time of his discharge reflects no awards.

9.  A review of the applicant’s official records show that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Purple Heart.   

10.  Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive.  

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That 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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation during the period he was assigned to the unit.      

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds received in action against the enemy on 4 March 1968 and thus is entitled to have that award reflected on his DD Form 214.  

2.  At the time the applicant was wounded, he was serving as a PFC in an infantry company as a light weapons infantryman.  Accordingly, he is entitled to be awarded the Combat Infantryman Badge effective 4 March 1968.  

3.  The applicant was also awarded the Vietnam Service Medal with two bronze service stars and the National Defense Service Medal and is therefore entitled to have those awards added to his DD Form 214 at this time.

4.  Additionally, the evidence of record shows that the applicant is entitled to be awarded the Republic of Vietnam Campaign Medal with Device (1960), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation.   

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 
awarding him the Combat Infantryman Badge for engaging the enemy in action in Vietnam on 4 March 1968; awarding him the Republic of Vietnam Campaign Medal with Device (1960), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation; and by adding his awards of the Purple Heart, the NATIONAL Defense Service Medal, and the Vietnam Service Medal with two bronze service stars to his DD Form 214, dated 24 October 1969.



      ___        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)                                         AR20080012210



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ABCMR Record of Proceedings (cont)                                         AR20080012210



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