IN THE CASE OF:	  

		BOARD DATE:	        21 January 2009

		DOCKET NUMBER:  AR20080017373 


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, the Combat Infantryman Badge, and the Vietnam Service Medal.  He also requests, in effect, all awards and decorations to which he may be entitled for his service in Vietnam.

2.  The applicant states, in effect, that he served in Vietnam, that he was wounded in combat, that he received the Purple Heart, and that he receives service-connected disability for his wound.

3.  The applicant provides an award certificate for 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 was inducted on 1 February 1968.  He was awarded military occupational specialty (MOS) 11H (infantry direct fire crewman).  He arrived in Vietnam on 4 July 1968.  He served in MOS 11H assigned to Company D, 4th Battalion, 12th Infantry of the 199th Infantry Brigade, in Vietnam from 16 July 1968 until he was wounded in action on 19 October 1968 and evacuated to the United States on 6 November 1968 for further medical treatment.  On 10 October 1969, the applicant was permanently retired in the rank of private first class by reason of physical disability after completing 1 year, 8 months, and 10 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 does not show any authorized awards.  His DD Form 214 states that he was separated from the service without his 201 file (i.e., Official Military Personnel File).

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, a Western Union telegram, dated 27 October 1968, states the applicant was wounded in Vietnam on 19 October 1968 as the result of hostile action.  A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 28 October 1968, states the applicant was wounded as a result of hostile action on 19 October 1968 when he stepped on a booby trap.  This form also states that the Purple Heart was awarded per Headquarters, 3rd Field Hospital, General Orders Number 238, dated 20 October 1968.

5.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was wounded on 19 October 1968.  The Vietnam Casualty Reference Name Listing also shows the applicant was wounded in action on 19 October 1968.

6.  There are no orders for the Combat Infantryman Badge in the available records.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

9.  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 applicant's unit is eligible for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm based on Department of the Army General Orders Number 51, dated 1971.

10.  Department of the Army Pamphlet 672-3 also shows the applicant's unit is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

11.  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.

12.  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 during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  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.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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 service medal.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide 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 to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

17.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Medical evidence of record shows the applicant was wounded as a result of hostile action on 19 October 1968 in Vietnam.  The entry on the 28 October 1968 DA Form 8-275-3 which indicates the Purple Heart was awarded is accepted as sufficient evidence on which to amend the applicant’s DD Form 214 to show award of the Purple Heart.

2.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He was also wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  The applicant was permanently retired by reason of physical disability in the rank of private first class with 1 year, 8 months, and 10 days of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 1 February 1968 through 10 October 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

4.  Based on the applicant’s service in Vietnam from 4 July 1968 through 6 November 1968 and participation in two campaigns during his assignment, he is eligible for the Vietnam Service Medal with two bronze service stars.

5.  The applicant is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) because he qualified for award of the Vietnam Service Medal and was evacuated prior to completing 6 months of service due to wounds resulting from hostile action.

6.  The applicant’s unit received the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

7.  The applicant served a period of qualifying service for award of the National Defense Service Medal.

BOARD VOTE:

____x____  ____x____  _____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 first award of the Good Conduct Medal for the period 1 February 1968 through 10 October 1969;

	b.  awarding him the Combat Infantryman Badge; and

	c.  adding the Good Conduct Medal, the Combat Infantryman Badge, the Purple Heart, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the National Defense Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.



      __________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)                                         AR20080017373



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ABCMR Record of Proceedings (cont)                                         AR20080017373



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