IN THE CASE OF:	  

		BOARD DATE:	        13 January 2009

		DOCKET NUMBER:  AR20080014895 


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) by:

	a.  adding his Purple Heart; and

	b.  issuing him a Combat Infantryman Badge and adding it to his DD Form 214.

2.  The applicant also requests replacement of all awards previously issued to him.

3.  The applicant states he was wounded in Vietnam and was issued the Purple Heart, but it was never added to his DD Form 214.  He also states he believes he earned a Combat Infantryman Badge, but it was never awarded.  

4.  The applicant provides his DD Form 214 and a copy of a letter from the Commanding Officer, Company A, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division, dated 17 April 1967, stating the applicant served as an infantryman in his unit for several months and that he was recommended for promotion.

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 14 July 1966.  He was trained in and awarded military occupational specialty 
(MOS) 11B (Light Weapons Infantryman).  On or about 7 January 1967, he was transferred to Vietnam for duty with Company A, 1st Battalion, 2nd Infantry Regiment.

3.  According to a Western Union telegram contained in the applicant’s service records, he received a gunshot wound to his right shoulder on 3 April 1967 when he was hit by hostile sniper fire while on a combat operation.  Following his wounding, he was medically evacuated to the 93rd Evacuation Hospital, Long Binh, Vietnam.  General Orders Number 71, issued by Headquarters, 93rd Evacuation Hospital on 4 April 1967, awarded the applicant the Purple Heart for wounds received on 3 April 1967.

4.  The applicant did not return to his unit following his wounding.  Instead, he was medically evacuated to the United States and the US Army Hospital at Fort Gordon, GA, on or about 7 June 1967.  He remained in the Medical Holding Company at Fort Gordon until 28 January 1968 when he was reassigned to Fort Benning, GA, and an assignment with Company B, 5th Battalion, 31st Infantry.

5.  The applicant was honorably released from active duty on 12 July 1968.  During his service, his conduct and efficiency ratings were uniformly “excellent.”  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with bronze service star, Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  It does not show the Purple Heart or the Combat Infantryman Badge.

6.  The applicant’s service records contain General Orders Number 71, Headquarters, 197th Infantry Brigade, Fort Benning, GA, dated 9 July 1968, awarding him the Good Conduct Medal for distinguished conduct, efficiency and fidelity during the period 14 July 1966 to on/about 13 July 1968.
7.  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:

	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.

8.  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 Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Order Number 21, dated 1969.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests he be awarded the Combat Infantryman Badge, and that the Purple Heart and Combat Infantryman Badge be added to his DD Form 214.  He also requests the issuance of all awards to which he is entitled.

2.  The applicant was wounded while on combat patrol on 3 April 1967.  General Orders awarded him the Purple Heart.  The Purple Heart should be added to his DD Form 214.

3. The applicant held an infantry MOS, served in an infantry company performing infantry duties, and was personally present and under fire when the unit was engaged in active ground combat.  This is verified by the Western Union telegram notifying his parents of his wounding, and by the letter from his commanding officer stating he was an infantryman and performed his duties in an outstanding manner.  He should be awarded the Combat Infantryman Badge and the badge should be added to his DD Form 214.

4.  The applicant served in Vietnam, was awarded the Vietnam Service Medal, and was wounded and medically evacuated.  He is entitled to award of the Vietnam Campaign Medal with Device 1960.  This foreign award should be added to his DD Form 214.

5. The applicant was awarded the Good Conduct Medal by General Orders issued on 9 July 1968.  The Good Conduct Medal should be added to his DD Form 214.

6.  The applicant served with the 1st Battalion, 2nd Infantry when that unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These foreign unit awards should be added to his DD Form 214.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Infantryman Badge; and
   
   b.  adding the Purple Heart, Good Conduct Medal, Combat Infantryman Badge, Vietnam Campaign Medal with Device 1960, Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

2.  The Board further recommends that the individual concerned be reissued all of the US awards and badges to which he is entitled.



															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)                                         AR20080014895



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014895



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1