IN THE CASE OF:	

		BOARD DATE:	      2 December 2008

		DOCKET NUMBER:  AR20080013784 


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 the Combat Infantryman Badge and the Air Medal be added to his DD Form 214.

2.  The applicant states that at the time he was awarded the above medals he was in the hospital in Vietnam.  He was not present to accept the orders.

3.  The applicant provides no additional evidence.  

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 on 4 April 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3.  The applicant arrived in Vietnam and was assigned to Company A, 2d Battalion (Airmobile), 506th Infantry, on 20 September 1968.  

4.  The applicant departed Vietnam on 24 August 1969 after participating in four campaigns.

5.  Headquarters, 3d Armored Cavalry General Orders Number 55, dated           17 March 1970, awarded the applicant the Army Good Conduct Medal.

6.  On 6 April 1970, the applicant was released from active duty.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Army Commendation Medal, the Bronze Star Medal, the Expert Marksmanship Qualification Badge (Rifle M-14), and the Sharpshooter Marksmanship Qualification Badge (Rifle M-16).

7.  The applicant's records do not contain orders for the Combat Infantryman Badge or the Air Medal.  Item 41 (Awards and Decorations) of his DA Form       20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge or the Air Medal.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Air Medal or the Combat Infantryman Badge.

9.  Item 40 (Wounds) of the applicant's DA Form 20 shows he was wounded twice, on 14 October 1968 and on 28 November 1968.

10.  The applicant's name is listed once on the Vietnam Casualty Roster as being wounded on 28 November 1968 (hostile wounded in action, not serious, hospitalized).

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

12.  Army Regulation 600-8-22 provides for award of the Air Medal to any person who will have distinguished himself while participating in aerial flight.  It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  However, it may also be awarded to personnel whose combat duties require them to fly in the attack elements of units involved in airland assaults against an armed enemy.  Involvement in such activities serves only to establish eligibility for award of the Air medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award.

13.  Army Regulation 600-8-22 provides for award of the Purple Heart for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. The regulation also states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, will be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

15.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, to include the Vietnam Service Medal.

16.  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 the 2d Battalion, 506th Infantry, it was cited for award of the Presidential Unit Citation for the period 13 June through 23 September 1968 by Department of the Army General Orders (DAGO) Number 38, dated 1971.

17.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2d Battalion, 506th Infantry, it was cited for award of the Meritorious Unit Commendation for the period 14 March through 3 October 1968 by DAGO Number 22, dated 1976.
18.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2d Battalion, 506th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 43, dated 1970.

19.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 506th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's records contain no evidence to show he was awarded the Combat Infantryman Badge, he was an infantryman assigned to an infantry unit.  The Vietnam Casualty Roster shows he was wounded in action once; his DA Form 20 shows he was wounded in action twice.  Any reasonable doubt as to whether the applicant actively participated in ground combat should be resolved in his favor, and the Combat Infantryman Badge should be added to his DD Form 214.

2.  There is no evidence of record to show the applicant was awarded the Air Medal.  Regrettably, there is therefore insufficient evidence on which to base adding the Air Medal to his DD Form 214.

3.  Orders show the applicant was awarded the Army Good Conduct Medal.  This award should be added to his DD Form 214.

4.  The applicant's records do not contain orders awarding him the Purple Heart.  Again, the Vietnam Casualty Roster shows he was wounded in action once and his DA Form 20 shows he was wounded in action twice.  Any reasonable doubt concerning his eligibility for award of the Purple Heart should be resolved in his favor, and he should be awarded two Purple Hearts.

5.  The applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

6.  The applicant was credited with participation in four campaigns and is therefore eligible to wear four bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be amended to reflect this fact.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____xx____  ___xx_____  ___xx_____  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:

     a.  awarding him the Purple Heart for wounds received on 14 October       1968 and the Purple Heart (First Oak Leaf Cluster) for wounds received on        28 November 1968; and

     b.  amending his DD Form 214 to add the Purple Heart (First Oak Leaf Cluster), the Combat Infantryman Badge, the Army Good Conduct Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is eligible to wear four bronze service stars on 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 adding the Air Medal 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)                                         AR20080013784





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ABCMR Record of Proceedings (cont)                                         AR20080013784



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