IN THE CASE OF:	  

		BOARD DATE:	  	  17 March 2009

		DOCKET NUMBER:  AR20080014413 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Army Commendation Medal, and Combat Infantryman Badge.  He also requests that the entry on his DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) showing the acronym "ARTY" (Artillery) be changed to "ENGR" (Engineer).

2.  The applicant states, in effect, his Army medical records will show that he sustained a foot injury and superficial scars while serving in Vietnam in 1969.
He adds that he did not know who to turn to make these corrections to his discharge document.

3.  The applicant provides a copy of a Standard Form 180 (Request Pertaining to Military Records), dated 14 March 2008; National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 18 August 2008; and his DD Form 214 with an effective date of 5 December 1969.

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 personnel records show he was inducted into the Army of the United States (AUS) for a period of 24 months on 13 December 
1967.  Upon completion of basic combat training, he was assigned to Fort Leonard Wood, Missouri, for advanced individual training (AIT) in military occupational specialty (MOS) 12A (Pioneer).

3.  The applicant's military personnel records contain a copy of Headquarters, U.S. Army Training Center (USATC) and Fort Leonard Wood, Special Orders Number 192, dated 10 July 1968, that show the applicant was released from Company C, 3d Battalion, 1st Engineer AIT Brigade (Pioneer), USATC and Fort Leonard Wood, on 12 July 1968 and assigned to the U.S. Army Infantry Center, Fort Benning, Georgia, with a reporting date of 27 July 1968.  These orders also show that the applicant was awarded MOS 12A1O as his primary MOS (PMOS) effective 24 May 1968.

4.  The applicant's military personnel records contain a copy of a DA Form 20 (Enlisted Qualification Record).

	a.  Item 22 (Military Occupational Specialties) shows he was awarded MOS 12A as his PMOS on 24 May 1968.

	b.  Item 31 (Foreign Service) shows that he served in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 15 March 1969 through 1 December 1969.

	c.  Item 38 (Record of Assignments), in pertinent part, shows that while serving in the RVN, the applicant was assigned to the 23d Administration Company Replacement Detachment, USARPAC, with the principal duty of Student (Americal Division Combat Center) from 19-28 March 1969.  This item also shows he was then assigned to Company E, 26th Engineer Battalion, Americal Division, USARPAC, with the principal duty of Bridge Specialist (Duty MOS 12C2O) from 29 March to 2 December 1969.

	d.  Item 40 (Wounds) is absent an entry.

	e.  Item 41 (Awards and Decorations) shows the applicant was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.

5.  There is no evidence in the applicant’s records that shows he was wounded or treated for wounds as a result of hostile action.  A thorough review of the applicant’s military personnel records revealed that there are no orders that show he was awarded the Purple Heart.  In addition, a review of the Adjutant General's Office Casualty Division's Vietnam casualty roster confirmed that the applicant’s name is not listed on the roster.  A search of the U.S. Army Human Resources Command (AHRC) Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict also failed to produce orders showing award of the Purple Heart to the applicant.

6.  The applicant’s military personnel records are absent orders showing he was awarded the Army Commendation Medal.  However, his records contain a copy of a Department of the Army, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, letter, dated 14 June 1971, subject:  Transmittal of Award Elements.  This document shows that the captain serving as Assistant Adjutant forwarded to the Commanding General, First U.S. Army, Army Commendation Medal award elements, including Headquarters, Americal Division, General Orders Number 11890, dated 18 November 1969, that pertained to the applicant.  A search of the AHRC ADCARS for the Vietnam Conflict produced a copy of Headquarters, Americal Division, General Orders Number 11890, dated 18 November 1969, that, in pertinent part, shows the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the RVN from March 1969 to December 1969.

7.  The applicant’s military personnel records are absent orders or any other evidence to show he was awarded the Combat Infantryman Badge.  In addition, a search of the AHRC ADCARS for the Vietnam Conflict failed to produce orders showing award of the Combat Infantryman Badge to the applicant.

8.  The applicant's military personnel records contain a DD Form 214 with an effective date of 5 December 1969 and a DD Form 215, dated 12 June 1973.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214, as corrected by the DD Form 215, shows he was awarded the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.  The DD Form 214 also shows the applicant entered active duty this period on 13 December 1967, was honorably released from active duty (REFRAD) on 5 December 1969, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  At the time, he had completed 1 year, 11 months, and 23 days of net active service this period and 8 months and 20 days of foreign service.  Item 4 (Department, Component and Branch or Class) of his DD Form 214 contains the entry "ARMY AUS ARTY."  The DD Form 215, dated 12 June 1973, Department , Component, and Branch or Class block, contains the entry "ARMY AUS ARTY."

9.  In support of his application, the applicant provides the following documents.

	a.  Standard Form 180, dated 14 May 2008, shows, in pertinent part, the applicant confirmed he was drafted and entered the U.S. Army on 13 December 
1967 and was REFRAD on 5 December 1969.  This document also shows the applicant indicated he was injured in Vietnam in 1969 and that he was awarded the Purple Heart, Army Commendation Medal, and Combat Infantryman Badge.

	b.  National Personnel Records Center letter, dated 18 August 2008, shows the applicant was provided copies of his separation documents and personnel records.  He was also informed that his service medical records have been lent to the Department of Veterans Affairs (VA) and advised to contact the nearest VA regional office to obtain copies of his records.

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

11.  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 pamphlet shows that at the time of the applicant's assignment to Company E, 26th Engineer Battalion, Americal Division, USARPAC, RVN, the unit was cited for award of the Meritorious Unit Commendation (Navy) by Headquarters, Department of the Army, General Orders Number 37 (1973).

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Company E, 26th Engineer Battalion, Americal Division, USARPAC, RVN, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972).

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

14.  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, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge and states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached 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.

17.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, "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 Soldiers 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.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

18.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, identifies career management field (CMF) charts, descriptions, and MOS specifications.  This Army regulation shows, in pertinent part, that MOS 12A is listed as an MOS under CMF 12 (Combat Engineering).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he was awarded the Purple Heart for injuries he sustained in the RVN in 1969, the Army Commendation Medal for his meritorious service in the RVN, and the Combat Infantryman Badge based on his service the RVN.  He also contends the entry on his DD Form 215 showing the acronym "ARTY" should be changed to "ENGR" because the branch for his MOS was affiliated with the Engineer Corps.

2.  The applicant’s claim that he received a combat injury in 1969 while serving in the RVN was carefully considered.  However, he provides insufficient evidence in support of his claim to the Purple Heart.

3.  The applicant provides no official documentary evidence pertaining to the injury (e.g., battle casualty report, medical treatment records, etc.) in support of his request.  There is no evidence in the applicant’s military service records that shows he was wounded as a result of hostile action, that such wound required treatment, or that the medical treatment was made a matter of official record.  In addition, his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41, the applicant's name is not listed on the Adjutant General's Office Casualty Division's Vietnam casualty roster, and there are no orders in the applicant’s military personnel records or in the AHRC ADCARS that show the applicant was awarded the Purple Heart.  In view of the foregoing, the evidence of record fails to support the applicant’s claim to the Purple Heart in this case.

4.  Records show that general orders awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the RVN from March 1969 to December 
1969.  Therefore, it would be appropriate to correct his records to show award of the Army Commendation Medal.

5.  The evidence of record shows that during the period of service under review the applicant held MOS 12A as his PMOS.  The evidence of record also shows that during his service in the RVN he served in duty MOS 12C and was assigned to an engineer unit.  There is no evidence that shows the applicant held an infantry MOS, that he was assigned or attached to an infantry unit, and/or that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size while serving in the RVN.  Therefore, in view of the foregoing, the evidence of record fails to support the applicant’s claim to the Combat Infantryman Badge in this case.
6.  Records show that general orders awarded the applicant's unit the Meritorious Unit Commendation (Navy).  Therefore, it would be appropriate to correct his records to show this unit award.

7.  Records show that general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  The evidence of record confirms that during the period of service under review the applicant held PMOS 12A, which was an MOS in CMF 12 and affiliated with the Engineer Corps.  Therefore, his DD Form 214 incorrectly shows his branch as "ARTY."  It would be appropriate to correct the applicant’s DD Form 214 (not his DD Form 215) to show his branch as "ENGR."  

9.  The clearest way to make the above corrections would be to void the applicant's DD Form 215 and issue a new DD Form 215 to show all of the changes that were/are now being made to his DD Form 214.  He should be aware that his new DD Form 215 may still show the entry "ARMY AUS ARTY" in the Department, Component and Branch or Class block; however, the corrected entry would be reflected in the Corrected to Read block.

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.  voiding his DD Form 215, dated 12 June 1973; and

	b.  amending his DD Form 214 to show:

		(1)  the entry "ARMY AUS ENGR" in lieu of the entry "ARMY AUS ARTY" in item 4 (Department, Component and Branch or Class);
		(2)  adding the Army Commendation Medal, Meritorious Unit Commendation (Navy), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized); and

		(3)  adding the Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar from his voided DD Form 215 to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

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 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)                                         AR20080014413



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ABCMR Record of Proceedings (cont)                                         AR20080014413



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