IN THE CASE OF:	  

	BOARD DATE:	  6 January 2009

	DOCKET NUMBER:  AR20080016189 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart and the Bronze Star Medal.

2.  The applicant states that these awards are not on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and an award certificate for the Purple Heart. 

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 6 June 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 206, United States Army Training Center, Infantry, Fort Dix, New Jersey, dated 24 July 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  Special Orders Number 218, United States Army Training Center, Infantry, Fort Dix, New Jersey, dated 5 August 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar.

5.  Special Orders Number 230, United States Army Training Center, Infantry, Fort Polk, Louisiana, dated 11 September 1968, awarded the applicant the Sharpshooter [First Class Gunner] Marksmanship Qualification Badge with Machinegun [M-60] Bar.

6.  On 26 October 1968, the applicant was enrolled in the Noncommissioned Officer Candidate Course at Fort Benning, Georgia. 

7.  On 6 February 1969, the applicant was promoted to sergeant (SGT)/pay grade E-5.

8.  On 8 February 1969, the applicant was enrolled in the Basic Airborne Course.

9.  On 20 June 1969, the applicant was assigned for duty as a rifleman with the 1st Battalion, 327th Infantry Regiment, 101st Airborne Division, Vietnam.

10.  In a Western Union Telefax, dated 14 August 1969, the applicant’s parents were informed by The Adjutant General, United States Army, that the applicant had been wounded in action in the Republic of Vietnam on 11 August 1969 by small arms fire while on a combat operation when a hostile force was encountered.  The applicant had received a wound to his left buttocks.

11.  General Orders Number 11168, 101st Airborne Division, dated 24 August 1969, awarded the applicant the Purple Heart for wounds received in action on 11 August 1969.

12.  On 15 January 1970, the applicant was assigned for duty as an assistant intelligence sergeant with the 1st Brigade, 101st Airborne Division.  He returned to the United States on or about 2 May 1970. 

13.  On 2 May 1970, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank of SGT and had completed 1 year, 10 months, and 27 days of creditable active duty.

14.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Air Medal, Parachutist Badge and the Republic of Vietnam Campaign Medal with Device (1960).  It does not show award of the Purple Heart or the Bronze Star Medal.

15.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Bronze Star Medal.

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

17.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency ratings were excellent through his tenure of service.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

18.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. 


19.  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 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 (formerly known as the Total Army Personnel 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.

20.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

22.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

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

Republic of Vietnam.  This publication shows that the 327th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 48, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

24.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Purple Heart and the Bronze Star Medal.

2.  General Orders show that the applicant was awarded the Purple Heart.  Therefore, his records should be corrected to show this award.

3.  Records do not show that the applicant was recommended for or awarded the Bronze Star Medal.  ADCARS does not contain any orders awarding the applicant the Bronze Star Medal.  Therefore, there is insufficient evidence on which to add the Bronze Star Medal to his DD Form 214.

4.  The evidence clearly shows that the applicant was awarded an infantryman MOS and that he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Furthermore, it clearly shows that he engaged in active ground combat and was wounded by enemy action.  Therefore, he should be awarded the Combat Infantryman Badge.

5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  His conduct and efficiency were rated as excellent throughout his service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an administrative oversight.  Accordingly, he should be awarded this medal.

6.  Records show that the applicant served during a qualifying period for award of the Vietnam Service Medal.  It also shows that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with two bronze service stars.


7.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.   

8.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Machinegun (M-60) Bars.  Therefore, his DD Form 214 should be corrected to show this 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 by:

a.  awarding him the Combat Infantryman Badge, effective 11 August 1969;

b.  awarding him the Army Good Conduct Medal for the period from 
6 June 1968 to 2 May 1970; and

c.  showing that, in addition to the awards shown on his DD Form 214, his 
authorized awards include the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Machinegun (M-60) Bars. 


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 Bronze Star Medal.



	___________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080016189



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