IN THE CASE OF:	  

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:  AR20080012890 


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 records to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states that he was awarded both medals.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 records show he enlisted in the Regular Army for a period of 3 years on 19 February 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11H (Anti-Armor Weapons Infantryman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 12 February 1966.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

3.  The applicant’s records show he served in the Republic of Vietnam from 8 July 1965 to 10 February 1966.  He was assigned to Company A, 1st Battalion, 327th Infantry. 

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Parachutist Badge, the Good Conduct Medal, the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar     (M-16), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).  Item 26 does not show award of the Purple Heart or the Combat Infantryman Badge.

5.  Headquarters, 1st Brigade, 101st Airborne Division, Special Orders Number 87, dated 28 October 1965, show the applicant was awarded the Combat Infantryman Badge. 

6.  Section 8 (Wounds Received Through Enemy Action) of the applicant’s DA Form 24 (Service Record) shows a blank entry.

7.  The applicant's name is not shown on the Vietnam Casualty Roster. 

8.  The applicant's medical records are not available for review with this case.

9.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

10.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.


11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

12.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  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.

14.  Item 26 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Advisory, the Vietnam Defense, and the Vietnam Counteroffensive campaigns 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.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 327th Infantry was awarded the following awards during its service in the Republic of Vietnam:

	a.  the Presidential Unit Citation, from 2 June 1966 to 20 Jun 66, based on the Department of the Army General Orders Number 59, dated 1968;




	b.  the Valorous Unit Award, from 17 January 1966 to 25 March 1966, based on the Department of the Army General Orders Number 1, dated 1969; 

	c.  the Meritorious Unit Commendation, from 29 Jul 1965 to 1 October 1966, based on the Department of the Army General Orders Number 1, dated 1969; and

	d.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders show the applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to correction of his records to show this award.

2.  The evidence of record shows that the applicant served a qualifying period for award of the Republic of Vietnam Campaign Medal, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

3.  General Orders awarded the applicant's unit the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

6.  With respect to award of the Purple Heart, there are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows that he was wounded or injured as a result of hostile action or treated for such wounds; and the applicant's name is not listed on the Vietnam Casualty Roster.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.





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 showing award of the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 award of the Purple Heart.




															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)                                         AR20080012890



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012890



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1