IN THE CASE OF:	  

		BOARD DATE:	  29 January 2009

		DOCKET NUMBER:  AR20080017181 


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 DD Form 214 (Armed Forces of the United States, Report of Transfer or Discharge) to show award of the Purple Heart.  He also requests, in effect, award of the Combat Infantryman Badge, the Vietnam Service Medal, the United States Medal for Military Merit, and the National Defense Ribbon.

2.  The applicant states, in effect, that none of these awards are listed on his DD Form 214 (Armed Forces of the United States, Report of Transfer or Discharge).  He never knew that these awards should have been listed on his DD Form 214 until he applied for Purple Heart license plates and was denied.

3.  In support of his application, the applicant provides general orders awarding him the Purple Heart and a copy of his DD Form 214.

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 military records show that he was inducted into the United States Army in pay grade E-1 on 9 August 1966.  (His DD Form 214 shows he was inducted on 9 August 1968.)  He completed basic and advanced training and was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

3.  The applicant's records show that he served in the Republic of Vietnam from 28 February 1967 through 6 March 1968 for three campaigns.

4.  The applicant submits Headquarters, 1st Brigade, 101st Airborne Division, General Orders Number 135, dated 26 January 1968, in support of his application.  These orders show he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 12 September 1967 while serving as a member of Company A, 1st Battalion, 327th Infantry.

5.  There are no orders in the applicant's military personnel records awarding him the Purple Heart or the Combat Infantryman Badge.

6.  The applicant was honorably released from active duty in pay grade E-4 on 8 August 1968, at the expiration of his term of service.  He was transferred to the United States Army Reserve Control Group (Annual Training).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:  the Parachutist Badge and the National Defense Service Medal.  The Purple Heart, the Combat Infantryman Badge, and the Vietnam Service Medal are not shown on his DD Form 214.

8.  There is no entry in item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) to show he was wounded in action against a hostile force.   There is no entry in item 41 (Awards and Decorations) of the DA Form 20 showing the applicant was awarded the Purple Heart, the Combat Infantryman Badge, and the Vietnam Service Medal.

9.  The Vietnam casualty roster shows the applicant was wounded on 12 September 1967.

10.  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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

11.  Army Regulation 600-8-22 further 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.

12.  Army Regulation 600-8-22 also 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.  

13.  Army Regulation 600-8-22 further provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

14.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.
16.  The United States Medal for Military Merit and the National Defense Ribbon that the applicant has requested he be awarded and added to his separation document are commemorative medals and are not governed by Army Regulation 600-8-22.  These medals are made available to individuals who are serving or who have served in the Armed Forces of the United States, and to the general public, by commercial vendors/resources.  Since these medals are not governed by the applicable regulation, they are not to be shown on discharge documents.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded in action on 12 September 1967 while he served in Vietnam.  General orders were published awarding him the Purple Heart; however, these general orders were not included in his records.  When he was released from active duty, the Purple Heart was not added to his DD Form 214.  He is therefore entitled to have the Purple Heart added to his DD Form 214 at this time.

2.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  The evidence shows he was wounded in hostile action in the Republic of Vietnam on 12 September 1967 and awarded the Purple Heart.  The evidence also shows the applicant served in an infantry MOS in an infantry unit in the Republic of Vietnam and confirms that he was personally present and participated in active ground combat operations while assigned or attached to this infantry unit.  Therefore, it is concluded that he is entitled to award of the Combat Infantryman Badge and to have this award shown on his DD Form 214.

3.  The evidence of record shows that the applicant completed a qualifying period of service in Vietnam for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  The evidence also shows he served in three campaigns of the Vietnam War; therefore, he is entitled to award of the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal and it would be appropriate to add these awards to his DD Form 214 at this time.

4.  General orders entitled the applicant’s unit to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment in Vietnam.  This unit award is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this unit award.

5.  A review of the applicant’s records verifies that he was inducted on 9 August 1966 and released from active duty on 8 August 1968.  The year as currently shown in item 10c (Date Inducted) of his DD Form 214 is 1968.  It appears that during the preparation of the applicant’s DD Form 214 an administrative error occurred.  All other entries appear to be correct.  Therefore, it is concluded that the date in item 10c should be corrected at this time to show 1966.

6.  The applicant's request for award of the United States Medal for Military Merit and the National Defense Ribbon and their addition to his DD Form 214 cannot be acted upon by the ABCMR.  Commemorative medals, honorary awards made by pseudo-military organizations, regimental associations, and other groups to include reunion groups are not recognized as part of the Army's Awards Program and are not governed by Army Regulation 600-8-22.  Since they are not governed by the applicable regulation, these awards are not shown on a discharge or release from active duty document.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  adding the already-awarded Purple Heart to the applicant's DD Form 214; 

	b.  awarding him the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

	c.  adding these awards to the list of awards shown on his DD Form 214; and 

	d.  correcting item 10c of his DD Form 214 to show he entered on active duty on 9 August 1966, and by providing him a corrected separation document.

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 United States Medal for Military Merit and the National Defense Ribbon and their addition to his DD Form 214.



      ___________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)                                         AR20080017181



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ABCMR Record of Proceedings (cont)                                         AR20080017181



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