IN THE CASE OF:	

		BOARD DATE:	  16 December 2008

		DOCKET NUMBER:  AR20080015165 


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 records to show that he was awarded the Combat Infantryman Badge.  The applicant also requests that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he should be awarded the Purple Heart for his battle wounds incurred while serving in Vietnam, and that he was awarded the Combat Infantryman Badge but it was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 29 June 1969.

3.  The applicant provides a copy of Headquarters, Americal Division, Special Orders Number 133, dated 13 May 1969; a copy of a photograph of the men involved/hurt as a result of the incident; and a letter he received from the National Personnel Records Center (NPRC), dated 23 August 2006, in support of his request.

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 record shows he was inducted into the Army of the United States on 28 August 1968.  He was trained as a light weapons infantryman, in military occupational specialist 11B.  He was promoted to private first class/E-3 effective 11 March 1969.

3.  The applicant provided a copy of Headquarters, Americal Division, Special Orders Number 133, dated 13 May 1969, which awarded him the Combat Infantryman Badge.  This award is not shown on his DD Form 214.

4.  The applicant served until he was honorably discharged on 29 June 1969 for immediate reenlistment.

5.  The applicant’s DD Form 214, dated 29 June 1969, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the First Class Gunner Badge with Machinegun Bar (M-60).  The applicant's DD Form 214, dated 29 June 1969, does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

6.  While serving in Vietnam, the applicant reenlisted on 30 June 1969.  He served in Vietnam from 10 March 1969 to 10 March 1970.  He served until he was honorably released from active duty on 19 January 1972.

7.  The applicant’s DD Form 214, dated 19 January 1972, shows he was awarded the Air Medal with Numeral 5 and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  His DD Form 214 does not show any additional awards.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart and the Combat Infantryman Badge are not shown as authorized awards in item 41 (Awards and Decorations).

9.  The applicant's name does not appear on the Vietnam casualty roster for a wound received as a result of hostile action.

10.  The Awards and Decorations Computer-Assisted Retrieval System failed to show that orders were published awarding the applicant the Purple Heart.
11.  The applicant provided a copy of a letter from the NPRC, dated 23 August 2006, which verified his entitlement to the Combat Infantryman Badge.

12.  The applicant provided a copy of a photograph of men allegedly involved/ hurt as a result of an incident which occurred in Vietnam.  The applicant asserts that he is one of them.

13.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to nonjudicial punishment or courts-martial or that his commanders took action to deny him award of the Army Good Conduct Medal.

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 by military medical personnel, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

16.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the two bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.

17.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 42, dated 1972, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as a 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.

2.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam casualty list; and there are no medical records available to show that he was treated for a wound as a result of hostile action.

3.  The photograph presented by the applicant, which he claims is a picture of men, including himself, involved/hurt as a result of an incident that occured while serving in Vietnam was considered by the Board; however, the photograph shows the men were posing only for a picture which he contends includes him.  The photograph fails to show anyone hurt as a result of an incident.  This evidence alone does not support award of the Purple Heart to the applicant.

4.  The evidence of record shows the applicant was awarded the Combat Infantryman Badge; however, it was omitted from his DD Form 214.  He is therefore entitled to correction of his DD Form 214 to show the already-awarded Combat Infantryman Badge.

5.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself for this award.  He is therefore eligible for award of the Good Conduct Medal for the period 28 August 1968 to 27 August 1971.

6.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in two campaigns; therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his campaign participation credit.

7.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation at the time he was a member of the unit.  He is therefore entitled to this unit award and to correction of his records to show this unit 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:

	a.  by adding the Combat Infantryman Badge to his DD Form 214, dated 19 January 1972;

	b.  awarding the applicant the Good Conduct Medal for the period 28 August 1968 to 27 August 1971; and

   c.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to his already-awarded Vietnam Service Medal to his DD Form 214, dated 19 January 1972.

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 its addition to his DD Form 214, dated 19 January 1972.




      ____________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)                                         AR20080015165



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ABCMR Record of Proceedings (cont)                                         AR20080015165



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