IN THE CASE OF:	    

		BOARD DATE:	          25 November 2008

		DOCKET NUMBER:  AR20080015087 


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 records to show award of the Purple Heart, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Carbine and Rifle (M-14), and Expert Marksmanship Qualification Badge with Machine Gun (M-60).  The applicant also requests replacement of all medals, badges and ribbons.

2.  The applicant states, in effect, that the M-14 and M-60 were used throughout basic training.  He continues that the Combat Infantryman Badge is awarded to infantrymen after 30 days in the field and he was there from February to September.  He concludes the Purple Heart paperwork was submitted in the field and he did all that was under his power during 1970 and 1971 to get the paperwork completed.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of a letter from his former platoon commander in support of this application.

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 in the Army of the United States on 12 February 1969 for two years.  He arrived in the Republic of Vietnam on 15 February 1970 and served as a Light Weapons Infantryman with Company B, 3rd Battalion, 
1st Infantry, 11th Infantry Brigade.  He departed the Republic of Vietnam on 
18 October 1970.

3.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214  shows award of the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign with Device 1960, Parachutist Badge, and M-16 Sharpshooter Qualification Badge.  

4.  The Republic of Vietnam Casualty Roster shows the applicant was wounded as the result of hostile action on 28 September 1970.

5.  Block 20 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry gunshot wounds left leg and left arm.

6.  There are no orders in the applicant's records awarding the Expert Marksmanship Qualification Badge with Carbine and Rifle (M-14) or the Expert Marksmanship Qualification Badge with Machine Gun (M-60). 

7.  Army Regulation 600-8-22 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.

8.  Army Regulation 600-200, chapter 9 of the regulation 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 would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.


9.  Army Regulation 600-8-22 (Military Awards) 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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

10.  The applicant provided a copy of a letter from his former platoon commander which essentially indicates that his former platoon commander was attempting to have the Purple Heart request processed.

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

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.

15.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 20 July 1965 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

16.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the Republic of Vietnam.  During the applicant's tour in the Republic of Vietnam he participated in three campaigns:  The Vietnam Winter-Spring, Sanctuary Counteroffensive, and Vietnam Counteroffensive-Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitle to award of the Purple Heart, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Carbine and Rifle (M-14), and Expert Marksmanship Qualification Badge with Machine Gun (M-60) was carefully considered.

2.  The applicant's name is listed on the Vietnam Casualty Roster and his DA Form 20 shows he received shotgun injuries on 28 September 1970.  These entries are accepted as sufficient to show the applicant was wounded as a result of hostile action.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained 28 September 1970 while serving in the Republic of Vietnam.

3.  Records show the applicant was wounded as a result of hostile action while assigned to Company B, 3rd Battalion, 1st Infantry, 11th Infantry Brigade while serving as an infantryman in an infantryman MOS position.  Therefore, he is eligible for award of the Combat Infantryman Badge.

4.  The applicant was separated in the rank of sergeant with 2 years, 8 months, and 16 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 12 February 1969 through 27 October 1971.

5.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

7.  There are no orders in the applicant's records awarding the Expert Marksmanship Qualification Badge with Carbine and Rifle (M-14) or the Expert Marksmanship Qualification Badge with Machine Gun (M-60).  Therefore, there is insufficient evidence in the available records to amend the applicant's DD Form 214 to show these awards.

8.  The applicant also requests replacement of all medals, badges and ribbons.  However, the ABCMR does not issue medals.  The applicant may receive the awards shown on his DD Form 214 by submitting a request via a letter or the Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request.  The SF 180 can be found at http://www.archives.gov

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X___  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: 

	a.  by awarding him the Purple Heart for wounds sustained on 28 September 1970;

	b.  awarding him the Combat Infantryman Badge;

	c.  awarding him the Army Good Conduct Medal 1st Award for the period 
12 February 1969 through 27 October 1971; and

	d.  by amending his DD Form 214 to add the Purple Heart, the Combat Infantryman Badge, the Army Good Conduct Medal 1st Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn 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 awards of the Expert Marksmanship Qualification Badge with Carbine and Rifle (M-14), and the Expert Marksmanship Qualification Badge with Machine Gun (M-60).  




      _______ _   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)                                         AR20080015087





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ABCMR Record of Proceedings (cont)                                         AR20080015087



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