IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012479 


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 his military records be corrected to show the award of the Purple Heart and the Army Commendation Medal. 

2.  The applicant essentially states that he received the aforementioned medals after he was discharged.

3.  The applicant provides a certificate showing that he was awarded the Purple Heart, a certificate and citation showing that he was awarded the Army Commendation Medal, and a letter, dated 15 July 2008, from the North Carolina Department of Administration in support of this 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 military records show that he enlisted in the Regular Army on 4 January 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 4 June 1967, and initially served with Company C, 4th Battalion, 47th Infantry Regiment.  On 1 July 1967, he was reassigned to Company A, 4th Battalion, 47th Infantry Regiment.  He returned to the continental United States on 3 June 1968, and was assigned to Fort Stewart, Georgia until he was honorably released from active duty on 
18 December 1968. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with 1960 Device.

3.  The applicant's DD Form 214 does not show that he was awarded the Purple Heart and the Army Commendation Medal.  However, he was awarded the Purple Heart by Headquarters, 9th Infantry Division General Orders Number 3394, dated 10 May 1968, and the Army Commendation Medal by Headquarters, 9th Infantry Division General Orders Number 2260, dated 8 April 1968.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant served 1 year, 11 months, and 15 days of continuous enlisted active duty service from 4 January 1967 to 18 December 1968.  However, his 
DD Form 214 does not show that he was awarded the Good Conduct Medal.  All of his conduct and efficiency ratings were "excellent" throughout his military service, and there is no derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.

6.  The applicant was serving as a Light Weapons Infantryman in MOS 11B with Company A, 4th Battalion, 47th Infantry Regiment when he was wounded in action and awarded the Purple Heart.  However, his DD Form 214 does not show that he was awarded the Combat Infantryman Badge.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to 
4th Battalion, 47th Infantry Regiment, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 59, dated 1969.

8.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any silver or bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Counteroffensive Phase III campaign, the Tet Counteroffensive campaign, and the Vietnam Counteroffensive Phase IV campaign.

9.  The applicant's DD Form 214 does not show that he was awarded the First Class Gunner Marksmanship Qualification Badge with Machinegun Bar.  However, he was awarded this marksmanship badge by Headquarters, 3rd Training Brigade, Fort Jackson, South Carolina Special Orders Number 61, dated 11 April 1967.  The First Class Gunner Marksmanship Qualification Badge with Machinegun Bar was subsequently renamed the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

10.  The applicant's DD Form 214 does not show that he was awarded the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.  However, he was awarded the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar by Headquarters, United States Army Training Center, Fort Bragg, North Carolina Special Orders Number 52, dated 21 February 1967.

11.  The applicant's DD Form 214 does not show that he was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  However, he was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar by Headquarters, 3rd Training Brigade, Fort Jackson, South Carolina Special Orders Number 59, dated 6 April 1967.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry or MOS.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart and the Army Commendation Medal.

2.  General orders awarded the applicant the Purple Heart and the Army Commendation Medal, but they are not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Purple Heart and the Army Commendation Medal.

3.  The applicant served 1 year, 11 months, and 15 days of continuous enlisted active duty service from 4 January 1967 to 18 December 1968, and all of his conduct and efficiency ratings were "excellent" throughout this period of service.  There is also no derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.  Therefore, it would be appropriate at this time to award him the Good Conduct Medal for the period 4 January 1967 to 18 December 1968, and to correct his military records to show the award of the Good Conduct Medal.

4.  The applicant was serving as a Light Weapons Infantryman in MOS 11B with Company A, 4th Battalion, 47th Infantry Regiment when he was wounded in action and awarded the Purple Heart.  As a result, it would be appropriate at this time to award him the Combat Infantryman Badge, and to correct his military records to show the award of the Combat Infantryman Badge.

5.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 4th Battalion, 47th Infantry Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

6.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already awarded Vietnam Service Medal.

7.  Special orders awarded the applicant the First Class Gunner Marksmanship Qualification Badge with Machinegun Bar, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  The First Class Gunner Marksmanship Qualification Badge with Machinegun Bar was also subsequently renamed the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, he is entitled to correction of his military records to show the award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

BOARD VOTE:

___X_____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the award of the Purple Heart and the Army Commendation Medal;

	b.  awarding him the Good Conduct Medal for the period 4 January 1967 to 18 December 1968 while serving as a sergeant;

	c.  awarding him the Combat Infantryman Badge for engaging in active combat with the enemy on 6 May 1968 in Vietnam while serving as a sergeant [It was noted that his orders for the Purple Heart indicated that his rank was specialist four on 6 May 1968; however, he was promoted to sergeant with a date of rank of 1 May 1968];

	d.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	e.  showing three bronze service stars to be affixed to his already awarded Vietnam Service Medal; and

	f.  showing the award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, the Marksman Marksmanship Qualification Badge with 
M-14 Rifle Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _ 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)                                         AR20080012479



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ABCMR Record of Proceedings (cont)                                         AR20080012479



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