IN THE CASE OF:	

		BOARD DATE:	       9 April 2009

		DOCKET NUMBER:  AR20080018244 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and a "V" Device added to his Army Commendation Medal with 2nd Oak Leaf Cluster.  He also requests award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that these awards should be shown on his 
DD Form 214. 

3.  The applicant provides, in support of his application, copies of his DD form 214, orders and a certificate awarding him the Purple Heart, and orders awarding him the Army Commendation Medal with "V Device (2nd Oak Leaf Cluster) for heroism.

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 12 May 1969, 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 (MOS) 11B (Light Weapons Infantryman).

3.  On 30 October 1969, the applicant proceeded on orders for duty in the Republic of Vietnam.  He subsequently arrived in country on or about 
23 November 1969.

4.  On 9 December 1969, the applicant was assigned for duty as a rifleman with Company C, 2nd Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade, in the Republic of Vietnam.  On 18 December 1969, he was reassigned to Company D for duty as an ammunition bearer.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows, in part:

	a.  that General Orders Number 5074, Headquarters, Americal Division, dated in 1970, awarded him the Army Commendation Medal; and

	b.  that General Orders Number 5887, Headquarters, Americal Division, dated in 1970, awarded him the Army Commendation Medal, 1st Oak Leaf Cluster.

	c.  that General Orders Number 6294, Headquarters, Americal Division, no date, awarded him the Army Commendation Medal, 2d Oak Leaf Cluster.

6.  General Orders Number 6294, Headquarters, Americal Division, dated
17 June 1970, awarded the applicant the Army Commendation Medal with "V" Device (2nd Oak Leaf Cluster) for heroism in connection with military operations against a hostile force in the Republic of Vietnam.  He distinguished himself by valorous actions on 7 May 1970 while serving as a machine gunner.

7.  On 12 July 1970, the applicant was wounded in action, sustaining fragment wounds to his right thigh and right leg.

8.  General Orders Number 94, Headquarters, 27th Surgical Hospital, dated
15 July 1970, awarded the applicant the Purple Heart for wounds received in action on 12 July 1970.

9.  On 25 July 1970, the applicant was medically evacuated to the Medical Holding Company, Fort Gordon, Georgia.

10.  On 14 December 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4 and had completed 1 year and 7 months of creditable active duty service, with three days of time lost due to being absent without leave (AWOL).

11.  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, Vietnam Service Medal, Vietnam Campaign Medal,  Army Commendation Medal with 2nd Oak Leaf Cluster, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and one overseas service bar.  It does not show award of the Purple Heart, "V" Device on his Army Commendation Medal, or the Combat Infantryman Badge.

12.  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.  Additionally, Appendix V of USARV [U.S. Army Vietnam] Regulation Number 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

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

14.  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 three campaign periods: the Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); and the Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  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 2nd Battalion, 1st Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 42, dated in 1972, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, Army Commendation Medal with "V" Device (2nd Oak Leaf Cluster), and the Combat Infantryman Badge.

2.  General orders clearly show that the applicant was awarded the Purple Heart for wounds received in action on 12 July 1970.  Therefore, his DD Form 214 should be corrected to show this award.

3.  General Orders clearly show that the applicant was awarded the Army Commendation Medal with "V" Device (2nd Oak Leaf Cluster) for his heroic actions in combat on 7 May 1970.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Furthermore, it shows that he valorously engaged in active ground combat and was awarded the Army Commendation Medal with "V" Device for his actions in combat against the enemy.  Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this award. 

5. Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.     

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.  deleting from item 24 of the applicant's DD Form 214 the Army Commendation Medal with 2nd Oak Leaf Cluster and the Vietnam Service Medal;

	b.  awarding the applicant the Combat Infantryman Badge, effective 7 May 1970; and

   c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Commendation Medal with the "V" Device (2nd Oak Leaf Cluster), Vietnam Service Medal with 3 bronze service stars, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _________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)                                         AR20080018244



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ABCMR Record of Proceedings (cont)                                         AR20080018244



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