IN THE CASE OF:	  

		BOARD DATE:	        5 February 2009

		DOCKET NUMBER:  AR20080016179


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 the Purple Heart, Bronze Star Medal and any other awards and/or unit citations be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the awards he earned never caught up with him during his service.

3.  The applicant provides no additional documentation 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 was inducted into the Army of the United States for 2 years on 21 September 1967.  He completed Basic Combat Training (BCT) at Fort Knox, KY.  He was transferred to Fort Polk, LA, where he completed Infantry Advanced Individual Training (AIT) and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  During his initial entry training the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) by Special Orders Number 318, Headquarters (HQ), US Army Training Center, Armor, Fort Knox, KY, dated 14 November 1967, and Special Orders Number 013, HQ, US Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 15 January 1968, respectively.

4.  On 9 February 1968, the applicant was ordered to Vietnam.  He arrived in Vietnam on/about 5 March 1968 and was assigned to Company A, 2nd Battalion (Airborne), 506th Infantry, 101st Airborne Division on 26 March 1968 with duties as an infantryman.  His DA Form 20 (Enlisted Qualification Record) shows that he served with the 506th Infantry until on/about 11 October 1968 before being reassigned to military police and infantry units performing base security missions. His DA Form 20 shows that his conduct and efficiency upon departing the 506th Infantry were rated as “Good.”

5.  The applicant’s records show that he was twice wounded in action during his assignment to the 506th Infantry.  His records contain the following evidence documenting wounds received in combat:

	a.  Western Union Telegram, dated 3 June 1968, informing his parents that he had been slightly wounded in action on 1 June 1968; and a FRIAR Report (a type of Vietnam casualty report), dated 4 June 1968.

	b.  General Orders Number 190, HQ, 71st Evacuation Hospital, Vietnam, dated 2 June 1968, awarding him the Purple Heart for wounds received in action on 1 June 1968.

	c.  Western Union Telegram, dated 1 September 1968, informing his father that he had been slightly wounded in action on 27 August 1968; and a FRIAR Report, dated 2 September 1968.  There are no orders in the applicant’s records awarding him a second Purple Heart.


	d.  DA Form 20, in Item 40 (Wounds), shows two entries:  “Fragment Wound Right Leg, Left Arm, Buttocks – 1 Jun 68 [and] Fragment Wound face (No Eye Damage) – 27 Aug 68.”

	e.  DA Form 20, in Item 41 (Awards and Decorations), shows one award of the Purple Heart.

6.  The applicant departed Vietnam on/about 1 March 1969 to return to the United States and an assignment with HQ and HQ Troop, 12th Cavalry, 5th Infantry Division, Fort Carson, CO.  He served with this unit until he was separated on 12 August 1969.  During this period, Special Orders Number 198, HQ, 5th Infantry Division and Fort Carson, Fort Carson, CO, dated 17 July 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  The applicant’s DD Form 214 shows he served 1 year and 11 months on active duty.  It shows he was awarded the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with 3 bronze service stars, and the Vietnam Campaign Medal with Device (1960).  It does not show a second Purple Heart or a Bronze Star Medal.

8.  Army Regulation (AR) 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, in pertinent part:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

	b.  The Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who hold 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.  The Awards Branch of the US Army Human Resources Command, Alexandria, VA has advised in similar cases that, during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  Department of the Army Pamphlet (DA PAM) 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The PAM is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is entitled to wear.

10.  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(s) to which the applicant was assigned were cited for award of the Presidential Unit Citation for the period 13 June to 23 September 1968 by Department of the Army General Order Number 38, dated 1971; the Meritorious Unit Commendation for the period 14 March to 3 October 1968 by Department of the Army General Order Number 22, dated 1976; the Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Order Number 43, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 3 October 1968 to 2 May 1970 by Department of the Army General Order Number 48, dated 1971.

11.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for a second Purple Heart or a Bronze Star Medal on file for the applicant.

12.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the 
award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the Bronze Star Medal was thoroughly considered.  Unfortunately, there is no evidence verifying that he was awarded the Bronze Star Medal and the request must be denied.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

2.  The applicant has orders for one Purple Heart and one Purple Heart is shown on his DD Form 214.  However, the evidence of record clearly shows that he was wounded on two separate occasions, on 1 June 1968 (for which he was awarded a Purple Heart) and on 27 August 1968.  He should be awarded a second Purple Heart and his records should be corrected to show the Purple Heart with Oak Leaf Cluster.

3.  The applicant’s records clearly show he held an infantry MOS, served in an infantry company performing infantry duties, and he was personally present and under fire when the unit was engaged in active ground combat.  This latter condition is verified by two Western Union telegrams notifying his parents of his wounds, and by the FRIAR reports contained in his records.  He should be awarded the Combat Infantryman Badge and the badge should be added to his DD Form 214.

4.  The applicant’s records contain two sets of orders awarding him a marksmanship badge for the M-14 rifle.  Orders published on 14 November 1967 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and orders published on 17 July 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  By regulation, the second, most recent award is the one that should be shown on his DD Form 214. He should also have the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) shown on his DD Form 214.

5.  The applicant served with the 2nd Battalion (Airborne), 506th Infantry when that unit was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. These unit awards should be shown on his DD Form 214.

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

	a.  awarding him a second Purple Heart, for wounds received on 27 August 1968, and a Combat Infantryman Badge; and
   
   b.  adding the Purple Heart with 1st Oak Leaf Cluster, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), the Presidential Unit Citation, the Meritorious Unit Commendation, the 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 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 Bronze Star Medal.


															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)                                         AR20080016179



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016179



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1