IN THE CASE OF:	  

		BOARD DATE:	        13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014658 


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 he be furnished a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a record of his combat wounds.

2.  The applicant states that there is no mention of either of his combat wounds on any of his DD Forms 214.

3.  The applicant provides in support of his application a copy of a Western Union Telegram dated 20 May 1968.

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 21 February 1967, the applicant enlisted in the Regular Army in Omaha, Nebraska, for 3 years, in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  He was transferred to Vietnam on
3 April 1968 and he was assigned to Company A, 2nd Battalion (Airmobile), 501st Infantry Regiment.

3.  On 20 May 1968, the applicant’s mother was notified that he had been slightly wounded in Vietnam on 13 May 1968 as a result of hostile action.  The telegram shows that he received a fragment wound to his right hip and that he was on a combat operation when he was hit by a fragment from a hostile anti-tank round.  The telegram also shows that he was treated and hospitalized in Vietnam.

4.  The applicant was honorably discharged on 7 November 1968 for the purpose of immediate reenlistment.  The DD Form 214 that he was furnished shows that he was awarded the National Defense Service Medal, the Parachutist Badge, and the Vietnam Service Medal.  However, his DD Form 214 does not reflect the award of the Purple Heart.

5.  The applicant reenlisted in the Army for 3 years on 8 November 1968 while he was in Vietnam.  His records show that he participated in the following six campaigns while he was in Vietnam:  the Vietnam Counteroffensive Campaign, Phase IV, which extended from 2 April 1968 through 30 June 1968; the Vietnam Counteroffensive Campaign, Phase V, which extended from 1 July 1968 through 1 November 1968; the Vietnam Counteroffensive Campaign, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, 1969 Campaign, which extended from 23 February 1969 through 8 June 1969; the Vietnam Summer-Fall 1969 Campaign, which extended from 9 June 1969 through 31 October 1969; and the Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970.

6.  The applicant returned to the Continental United States (CONUS) on 30 November 1969 and he was assigned to the 118th Military Police Company, Fort Bragg, North Carolina.

7.  On 21 April 1970, the applicant was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 that he was furnished shows that he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

8.  The applicant reenlisted in the Army on 22 April 1970, at Fort Bragg.  He was transferred to Vietnam on 20 May 1970, and he was assigned to the 101st Military Police Company, 101st Airborne Division (Airmobile).

9.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 606 was published on 19 January 1971 awarding the applicant the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 August 1970 to 31 December 1970.

10.  While in Vietnam during this period of service, the applicant participated in the following two campaigns:  the Sanctuary Counteroffensive Campaign, which extended from 1 May 1970 through 30 June 1970; and the Vietnam Counteroffensive Campaign, Phase VII, which extended from 1 July 1970 through 30 June 1971.

11.  On 1 July 1971, the applicant returned to CONUS.  After a series of absences without leave, he was voluntarily discharged on 10 May 1972 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He was issued a General Discharge Certificate.

12.  Although Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time of his discharge shows that he was awarded five Overseas Service Bars and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, this final DD Form 214 does not show the all of his awards and decorations that he is authorized.

13.  A review of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he received a fragment wound to his right hip on 13 May 1968 and that he received fragment wounds to his left leg on 23 October 1968.  Further review of the applicant’s DA Form 20 shows that while he was in the Army he was awarded the Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars, the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, the Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), five Overseas Service Bars, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  However, the Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar were not included on any of his DD Forms 214.

14.  A review of the Vietnam Casualty Roster shows that the applicant was wounded as a result of hostile action on 13 May 1968 and that he was wounded a second time as a result of hostile action on 23 October 1968.


15.  The available records do not show that the applicant was ever awarded a Purple Heart for either of the wounds that he received as a result of hostile action while he was in Vietnam.

16.  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.  It also states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

17.  Army Regulation 600-8-22 also 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.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

18.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April 1968 to 15 August 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969; and for the period 15 August 1968 to 14 May 1969 by DAGO Number 43, dated 1970.

19.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that, although multiple awards of the Republic of Vietnam Gallantry Cross are not authorized for wear, official military and historical records will indicate all awards received. 

20.  Army Regulation 600-8-22 further 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.  It further states that a silver service star is authorized in lieu of five bronze service stars.


21.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation
600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant sustained wounds on two separate occasions while he was in Vietnam as corroborated by a Western Union Telegram and the Vietnam Casualty Roster.  Therefore, he is entitled to have his records corrected to show that he was wounded twice while he was in Vietnam and awarded the Purple Heart (First Oak Leaf Cluster) and to add these Purple Hearts to his final DD Form 214.

2.  The applicant’s records also show that he met the criteria contained in Army Regulation 600-8-22 for award of the Combat Infantryman Badge.  Therefore, his records should be corrected to reflect this award and to add it to his last DD Form 214.

3.  General Orders Number 606 was published on 19 January 1971 awarding the applicant the Army Commendation Medal.  He was also awarded the Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.  Therefore, these awards should be included on his last DD Form 214.

4.  The applicant's unit was cited in DAGO Number 21 and DAGO Number 43 for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Accordingly, these awards should be included on his last DD Form 214.

5.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in eight campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.






BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  awarding him the Purple Heart for a fragment wound he received to his right hip on 13 May 1968 while he was serving in Vietnam;
   
   b.  awarding him the Purple Heart (First Oak Leaf Cluster) for a fragment wound he received to his left leg on 23 October 1968 while he was serving in Vietnam;

   c.  awarding him the Combat Infantryman Badge for engaging in ground combat while assigned or attached to an infantry unit on 13 May 1968; and

   d.  amending his DD Form 214 for the period ending 10 May 1972 to show that he was awarded the Purple Heart (First Oak Leaf Cluster), the Combat Infantryman Badge, the Army Commendation Medal, the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal with one silver service star and three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation (Two Awards), the Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.



      _______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)                                         AR20080014658



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ABCMR Record of Proceedings (cont)                                         AR20080014658



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