IN THE CASE OF:	  

		BOARD DATE:	       17 March 2009

		DOCKET NUMBER:  AR20080014096 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Air Medal, Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge,  Expert Marksmanship Qualification Badge with Mortar Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states that these awards were not entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214; Item 38, Record of Assignments, from his DA Form 20 (Enlisted Qualification Record); and orders awarding him the Air Medal, Bronze Star Medal, Army Commendation Medal, Expert Marksmanship Qualification Badge with Mortar Bar, and the Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

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.  On 5 May 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  Special Orders Number 134, Headquarters, U.S. Army Training Center, Fort Bliss, Texas, dated 20 June 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Special Orders Number 136, Headquarters, U.S. Army Training Center, Fort Bliss, dated 24 June 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  Special Orders Number 163, Headquarters, Second AIT [Advanced Individual Training] Brigade, U.S. Army Training Center, Infantry, Fort Ord, California, dated 11 August 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Mortar (M-81) Bar.

6.  On 6 September 1969, the applicant departed Fort Ord for assignment to the Republic of Vietnam.

7.  On 5 October 1969, the applicant was assigned duty as an ammunition bearer with Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry Regiment.

8.  On 17 November 1969, the applicant was reassigned within the battalion to Company E for duty as an ammunition bearer.

9.  General Orders Number 3429, Headquarters, 101st Airborne Division (Airmobile), dated 27 March 1970, awarded the applicant the Army Commendation Medal for meritorious service during the period from 1 October 1969 to 28 February 1970.

10.  On 22 April 1970, the applicant was again reassigned within the battalion to Company B, for duty as an ammunition bearer.

11.  General Orders Number 4594, Headquarters, 101st Airborne Division (Airmobile), dated 24 April 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period from 1 September 1969 to 1 April 1970.

12.  Item 40 (Wounds) of the applicant's DA Form 20 shows that the applicant sustained a non-hostile fragment wound to his right cheek on 22 June 1970.   A log entry, number 2617, states that the applicant sustained a fragment wound to his right cheek when an ammunition dump blew up for reasons unknown.

13.  General Orders Number 8643, Headquarters, 101st Airborne Division (Airmobile), dated 4 August 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period from 1 October 1969 to 31 July 1970.

14.  On 1 September 1970, the applicant was assigned as a patient to the United States Army Hospital in Okinawa.

15.  On 30 November 1970, the applicant was assigned for duty as a driver at Fort Hood, Texas.

16.  On 7 July 1971, the applicant was released from active duty in the rank of private, pay grade E-1 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had completed 2 years of creditable active duty and had 64 days of lost time.

17.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal [with Device (1960)].  It does not show award of the Purple Heart, Air Medal, Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, or any marksmanship qualification badges.

18.  The applicant’s name is not listed on the Vietnam Casualty Roster.

19.  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 awarding the applicant the Purple Heart.

20.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded 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 medical personnel, and the medical treatment must have been made a matter of official record.


21.   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 persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

22.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Appendix V of this regulation provided the guidance governing award of the Combat Infantryman Badge.  Paragraph 2a stated, in effect, that MOS's, "in the 11 series with the letters B, C, D, F, G and H," are infantry MOS's. 

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

24.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969); the Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); the Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); and the Vietnam Counteroffensive, Phase VII, 1 July 1970 – 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

25.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 502nd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 48, dated in 1971, for award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

26.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

27.  Army Regulation 600-8-22, as amended, 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, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, Air Medal, Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, and marksmanship Qualification badges.

2.  There are no available general orders showing that the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The evidence of record shows that he sustained an injury to his right cheek when an ammunition dump blew up for unknown reasons.  This injury is recorded as having been sustained as the result of non-hostile action.  Therefore, his request for award of the Purple Heart should be denied. 

3.  The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  However, it does not sufficiently show that he ever engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should not be granted. 

4.  General Orders show that the applicant was awarded the Air Medal, Bronze Star Medal, and the Army Commendation Medal.  Therefore, his records should be corrected to show these awards.

5.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Mortar Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).  Therefore, his records should be corrected to show these qualification badges.


6.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

7.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

8.  The applicant's unit was cited in general orders for 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.  Therefore, his records should be corrected to show these foreign unit awards.  

9.  Records show that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.

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:

   a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with 3 bronze service medals; and
   
   b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Air Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Mortar Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.


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 and Combat Infantryman Badge.



      ___________X___________
               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)                                         AR20080014096



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ABCMR Record of Proceedings (cont)                                         AR20080014096



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