IN THE CASE OF:	  

		BOARD DATE:	        16 JULY 2009

		DOCKET NUMBER:  AR20080018853 


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

2.  The applicant states that his 20 May 1967 combat wound is shown on page 4 of his DA Form 20 (Enlisted Qualification Record).   

3.  The applicant provides copies of page 4 of his DA Form 20 and his DD Form 214, in support of his request. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel, in effect, defers to the applicant. 

2.  Counsel will provide, upon request, a complete copy of the DA Form 20, the only document available. 

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 service records are not available.  The available records, which consist only of the DD Form 214 and the DA Form 20, show that he was inducted on 11 October 1966 and completed training and was awarded military occupational specialty (MOS) 11C1O (infantry indirect fire crewman).  

3.  He arrived in Vietnam on 14 April 1967.  From 14 May 1167, he served with 
B Company, 1st Battalion, 8th Infantry, 4th Infantry Division and was wounded on 20 May 1967.  He was hospitalized on Okinawa from early June to late July 1967 and returned to Vietnam.  

4.  Apparently on 14 August 1967 [the DA Form 20 records 14 April] he re-joined B Company, 1st Battalion, 8th Infantry, 4th Infantry Division, where he served and was advanced to pay grade E-4.

5.  He was separated, in pay grade E-2, with an honorable characterization of service on 16 December 1968.  He had served exactly 2 years of creditable service and had served in the U.S. Army, Pacific for exactly 13 months.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, [Republic of ] Vietnam Campaign Medal [with device (1960)], Overseas Service Bar, Expert Marksmanship Qualification Badge with Pistol Bar, and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun bars.  

6.  The DA Form 20, item 31 (Foreign Service), shows he served in Vietnam from 1 April 1967 to 30 April 1968.  Item 40 (Wounds) shows he sustained shrapnel from a gunshot wound to the hip on 20 May 1967.  Item 41 (Awards and Decorations) lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, [Republic of ] Vietnam Campaign Medal [with device (1960)] and an Overseas Service Bar.

7.  The Vietnam Casualty Roster confirms that he was wounded in action and hospitalized.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,

	a.  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 medical personnel, and the medical treatment must have been made a matter of official record;
 
   b.   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 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.

   c.  the Vietnam Service 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.  During the applicant’s tour in Vietnam he participated in the following four campaigns; Vietnamese Counteroffensive Phase from 1 July 1966 through 31 May 1967, Vietnamese Counteroffensive Phase III from 1 June 1967 through 29 January 1968, Tet Counteroffensive from  30 January through 1 April 1968, and Vietnamese Counteroffensive Phase IV from 2 April through 30 June 1968.  A bronze service star will be awarded for participation in each campaign, a silver service star is authorized in lieu of five bronze service stars.

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 1st Battalion, 8th Infantry, to which the applicant was assigned at the time, was cited for award of the Presidential Unit Citation for the period 18 through 26 May 1967 by Department of the Army General Order (DAGO) Number 69, dated 1969 and the period 29 October through 30 November 1967 by DAGO Number 38, dated 1971.  It was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by DAGO Number 3, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October by DAGO Number 53, dated 1970.


10. Army Regulation 600-8-22 authorizes an Oak Leaf Cluster for each additional award of the Presidential Unit Citation (Army) and other unit awards. 

11.  Army Regulation 670-1(Uniforms and Insignia) provides that one overseas service bar is authorized for each 6-month period active Federal service as a member of a U.S. Service in Vietnam, from 1 July 1958 to 28 March 1973.  The months of arrival to, and departure from, Vietnam are counted as whole months for credit toward the overseas service bar.  Periods of TDY service in Vietnam where credit is given for hostile fire pay for 1 month, also may be given credit for a corresponding month towards award of an overseas service bar. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the Purple Heart and the Combat Infantryman Badge be added to his DD Form 214.  

2.  He was awarded MOS 11C, served in combat with an infantry company, was hospitalized as the result of a combat-incurred wound and returned to his infantry company.  He should be awarded the Purple Heart and the Combat Infantryman Badge.  

3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant served during four designated campaign periods while in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the previously-awarded Vietnam Service Medal.

4.  The applicant's infantry battalion was awarded the Presidential Unit Citation on two separate occasions for actions occurring during his tour of duty.  He is authorized a bronze Oak Leaf Cluster for wear on the Presidential Unit Citation.

5.  He is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation .

6.  With full credit for the months of arrivals and departures the applicant served 12 months in Vietnam and is authorized two Overseas Service Bars.

7.  The applicant's DD Form 214 should be corrected by including the above awards and insignia. 


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 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 Purple Heart for wounds sustained in action on 20 May 1967 and awarding him the Combat Infantryman Badge;

     b.  amending his DD Form 214 by deleting the Vietnam Service Medal and the Overseas Service Bar from block 24; and 
   
   c.  amending his DD Form 214 to add the Purple Heart, Vietnam Service Medal with four bronze service stars, the Presidential Unit Citation with Bronze Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, and two Overseas Service Bars to his list of authorized awards.




      _______ _   _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)                                         AR20080018853





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018853



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1