IN THE CASE OF:	  

		BOARD DATE:	  18 June 2009

		DOCKET NUMBER:  AR20090000379 


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 include all of the awards and decorations to which he is entitled.

2.  The applicant states that he meets the requirement for two campaign stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, in accordance with Department of the Army Pamphlet 672-3.  He states that he was on patrol in Vietnam, he engaged in a firefight, and while trying to find cover he stepped on a mine.  He states that he was wounded and that he had to leave Vietnam after a short time.  He states that this is why he believes that he is also entitled to the award of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 and a self-authored letter, dated 5 January 2008, addressed to the Army Review Boards Agency Support Division explaining why he believes that he is entitled to additional awards and decorations 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.  On 2 July 1968, the applicant was inducted into the Army of the United States in Brooklyn, New York.  He successfully completed his training as a light weapons infantryman.  He arrived in Vietnam on 6 December 1968 and he was assigned to Company E, 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade.

3.  On 26 January 1969, the applicant’s parents were notified that he had been slightly wounded in Vietnam on 25 January 1969 as a result of hostile action.  According to the notification, he received fragment wounds to the chest, abdomen, both legs and neck while on a combat operation when he was hit by fragments from a hostile booby trap.  His records show that he was on reconnaissance patrol at the time of the incident.

4.  While in Vietnam, the applicant participated in the Vietnam Counteroffensive Campaign, Phase VI, which extended from 2 November 1968 through 22 February 1969.

5.  The applicant transferred to the Continental United States and he arrived at Valley Forge General Hospital in Phoenixville, Pennsylvania, on 17 February 1969 as a patient as a result of the injuries that he sustained on 25 January 1969.

6.  On 27 April 1969, General Orders Number 3050 were published awarding the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from December 1968 through January 1969.

7.  On 20 April 1970, the applicant was permanently honorably retired by reason of physical disability under the provisions Title 10, U.S. Code, section 1201.  He had completed 1 year, 9 months, and 19 days of total active service.





8.  The DD Form 214 that the applicant was furnished at the time of his retirement shows that he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart, the Good Conduct Medal (First Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  However, the Bronze Star Medal was not included on his DD Form 214.

9.  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.  The must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

10.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the campaigns and inclusive dates for the Vietnam Conflict and shows that during the applicant's period of service in the Republic of Vietnam, credit was awarded for the Vietnam Counteroffensive Campaign, Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign in which an individual serves.

11.  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 Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 by Department of the Army General Order Number 2, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to include all of the awards and decorations to which he is entitled, including the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars.

2.  The applicant’s contentions have been noted.  However, it does not appear that he is entitled to the Combat Infantryman Badge and one of the two bronze service stars that he is requesting.  In accordance with the applicable regulation, in order to qualify for the award of the Combat Infantryman Badge an individual must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

3.  While the applicant’s record show that he was wounded on 25 January 1969 by fragments from a hostile booby trap, there is insufficient evidence that states (specifically) that he was engaged in active ground combat.  Therefore, it does not appear that he meets the criteria contained in the applicable regulation to be awarded to Combat Infantryman Badge.

4.  The applicant is entitled to one of the two bronze service stars for which he is requesting.  His records show that he participated in one campaign while he was in Vietnam and, as such, it would be appropriate to award him one bronze service star for inclusion on his Vietnam Service Medal.

5.  Additionally, General Orders Number 3050 published on 27 April 1969 awarding him the Bronze Star Medal and the unit to which he was assigned was cited in Department of the Army General Orders Number 2 for the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to include these awards.

6.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records 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 amending his DD Form 214 to show that he was awarded the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star for inclusion on his Vietnam Service Medal.





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 awarding him the Combat Infantryman Badge and a second bronze service star.




      ___________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)                                         AR20090000379



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ABCMR Record of Proceedings (cont)                                         AR20090000379



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