IN THE CASE OF:	  

		BOARD DATE:	  	  22 January 2009

		DOCKET NUMBER:  AR20080016685 


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, that his medals and Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, he received medals for commendation, the Bronze Star Medal, and three Purple Hearts.  He also states he was the Soldier of the Month in the Republic of Vietnam.  

3.  The applicant submitted a copy of his DD Form 214, a copy of a certificate for an Army Commendation Medal, and three copies of certificates for the Purple Heart in support of his 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's record shows he was inducted into the Army of the United States on 1 February 1967.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was sergeant (E-5). 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 12 August 1967 through 11 August 1968 performing duties in MOS 11B as a Rifleman and during his Republic of Vietnam tour he was assigned to the 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division.

4.  Section 40 (Wounds) of the applicant's DA Form 20 shows the applicant received fragment wounds to his hand on 7 November 1967.  The second entry which shows he received fragment wounds to his butt on 12 November 1967 was lined through.

5.  Section 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Purple Heart with 1st oak leaf cluster. 

6.  General Orders Number 453, Headquarters, 4th Infantry Division, dated 
21 January 1968, show the applicant was awarded the Purple Heart for wounds received on 7 November 1967.

7.  General Orders Number 495, Headquarters, 4th Infantry Division, dated 
31 January 1968, show the applicant was awarded the Purple Heart for wounds received on 12 November 1968.

8.  General Orders Number 4242, Headquarters, 4th Infantry Division, dated        1 August 1968, show the applicant was awarded the Army Commendation Medal for meritorious service from August 1967 through August 1968.

9.  On 31 January 1969, the applicant was released from active duty and transferred to the United States Army Reserve after completing a total of 2 years of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Authorized) shows he was awarded the National Defense Service Medal.  



10.  On 19 September 2008, the applicant submitted three copies of Purple Heart certificates.  Two of the certificates were for wounds received on the same day.

11.  The applicant's name is listed on the Vietnam Casualty Roster twice, for        7 November and 12 November 1967.

12.  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.

13.  A review of the applicant’s record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Item 41 of the applicant's DA Form 20 shows that Special Orders Number 299, 4th Infantry Division awarded him the Combat Infantryman Badge, which is not shown on his DD Form 214.

15.  Item 41 of the applicant's DA Form 20 shows the applicant was awarded the Vietnam Service Medal, which is not shown on his DD Form 214.

16.  Special Orders Number 130, Headquarters, Fort Polk, Fort Polk, Louisiana, dated 22 May 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Bar (M-60).

17.  Special Orders Number 125, Headquarters, Fort Polk, Fort Polk, Louisiana, dated 16 May 1967 show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

18.  Army Regulation 600-8-22 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.  The Awards Branch of the U.S. Army Human Resources 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.

19.  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.

20.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in four campaigns during his service in Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase IV Campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

21.  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 Presidential Unit Citation from 29 October 1967 through 30 November 1967 by Department of the Army General Orders Number 38, dated 1971.

22.  Department of the Army Pamphlet 672-3 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation from October 1966 through 28 July 1969 by Department of the Army General Orders Number 3, dated 1970.

23.  Department of the Army Pamphlet 672-3 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 Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation from 1 October 1966 through 31 October 1969 by Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he is entitled to correction of his record to show award of the Purple Heart with 2nd oak leaf cluster was carefully considered and found to have partial merit.

2.  General Orders Number 453 dated 21 January 1968 awarded the applicant the Purple Heart for wounds received on 7 November 1967 and General Orders Number 495 awarded the applicant the Purple Heart with 1st oak leaf cluster for wounds received on 12 November 1967.  Although the applicant submitted three certificates showing award of the Purple Heart, two of the certificates were for wounds received on the same day and there is no further evidence nor did the applicant's record contain any further evidence to show he was wounded a third time while assigned to the Republic of Vietnam.  Therefore, his records should be corrected to show award of the Purple Heart with 1st oak leaf cluster.

3.  General Orders 4242 dated 1 August 1968 awarded the applicant the Army Commendation Medal.  Therefore, his records should be corrected to show this award.

4.  Special Orders Number 299 listed on the applicant's DA Form 20 awarded him the Combat Infantryman Badge, which is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

5.  Evidence of record shows he was awarded the Vietnam Service Medal. Therefore, his records should be corrected to show this award.

6.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

7.  General Orders show the 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division was awarded the Presidential Unit Citation while the applicant was assigned to this unit, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

8.  General Orders show the 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to this unit, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

9.  General Orders show the 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation while the applicant was assigned to this unit, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

10.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Bar (M-60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.



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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual be corrected by adding the Purple Heart with 1st oak leaf cluster, the Army Commendation Medal, the Combat Infantryman Badge, the Presidential Unit Citation, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Machine Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) to the applicant's 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 Purple Heart with 2nd oak leaf cluster.



      		____________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)                                         AR20080016685



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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