IN THE CASE OF:	  

		BOARD DATE:	        13 January 2009

		DOCKET NUMBER:  AR20080013622 


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, all awards to which he may be entitled to as a result of his service during the Vietnam War.

2.  The applicant states, in effect, he does not believe all of his awards are noted on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 into the Army of the United States for 2 years on 8 October 1968.  He was trained in and awarded military occupational specialty (MOS) 11 B (Light Weapons Infantryman).  On 7 April 1969, he reported to Vietnam for duty with Company E, 2nd Battalion, 8th Cavalry, 1st Cavalry Division.  Less than 1 month later, he was seriously wounded in action when a North Vietnamese Army (NVA) Regiment attacked his unit on 5-6 May 1969.

3.  The applicant was medically evacuated to the 24th Evacuation Hospital located in Long Binh, Vietnam.  He was treated and further evacuated to the 249th General Hospital, Camp Zama, Tokyo, Japan.  Ultimately, he was transferred back to the United States and Valley Forge General Hospital, Phoenixville, PA.

4.  The applicant was discharged from the Army from Valley Forge General Hospital on 25 May 1970.  His DD Form 214 shows he was awarded the Purple Heart, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides that:

	a.  there are 3 basic 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 be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces 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 or special forces primary duty, in a unit actively engaged in ground combat with the enemy.  During Vietnam the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

	b.  the Government of Vietnam awarded the Vietnam Campaign Medal with Device (1960) 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 service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its 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 wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

	c.  a bronze service star is authorized to be worn on the appropriate service medal based on qualifying service for each campaign listed in Appendix B of this regulation.  A single silver service star denotes five campaigns.  The applicant participated in one campaign –TET 69 Counteroffensive ( 23 February 1969 to 8 June 1969).

6.  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 the unit to which the applicant was assigned was cited for award of the Valorous Unit Award for the period 6 May 1969 by Department of the Army General Order Number 39, dated 1970.  His unit was also cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 39, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests all awards to which he may be entitled.

2.  The applicant was a school-trained infantryman.  On 7 April 1969, he was assigned to Company E, 2nd Battalion, 8th Cavalry, 1st Cavalry Division in Vietnam.  On 5-6 May 1969, his unit was attacked by an NVA Regiment during Tet 1969.  He was seriously wounded fighting as a infantryman with his comrades.  He is entitled to award of the Combat Infantryman Badge.

3.  The applicant was medically evacuated from Vietnam due to his wounds and never returned to his unit.  He was awarded the Vietnam Service Medal and the Purple Heart.  He is also entitled to award of the Vietnam Campaign Medal with Device (1960).  This is a foreign award that is unavailable for issue.

4.  The applicant served in one campaign while in Vietnam.  He is entitled to wear a bronze service star on his Vietnam Service Medal.

5.  The applicant was a member of Company E, 2nd Battalion, 8th Cavalry when that unit was awarded the Valorous Unit Award, Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He is entitled to these unit awards.  The latter two unit awards are foreign unit awards and are unavailable for issue.

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.  deleting from his DD Form 214, the Vietnam Service Medal; 

	b.  adding to his DD Form 214, the Vietnam Service Medal with bronze service star, the Combat Infantryman Badge, the Vietnam Campaign Medal with Device (1960), the Valorous Unit Award, the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The individual concerned shall be issued the Combat Infantryman Badge, Vietnam Service Medal with bronze service star, and the Valorous Unit Award.



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               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)                                         AR20080013622



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ABCMR Record of Proceedings (cont)                                         AR20080013622



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