IN THE CASE OF:	

		BOARD DATE:	      9 April 2009

		DOCKET NUMBER:  AR20090000730 


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.

2.  The applicant states, in effect, that his Purple Heart is not shown on his 
DD Form 214. 

3.  The applicant provides, in support of his application, copies of his DD Form 214; letters from The Adjutant General, United States Army, dated 27 July 1970 and 4 August 1970;  his letter to the President of the United States, dated 
15 June 1970; award orders for the Bronze Star Medal with "V" Device and the Good Conduct Medal; and reassignment orders.

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 are not available for review.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

3.  The applicant's DD Form 214 shows:

	a.  that he was inducted into the Army of the United States on 27 May 1968 and completed his initial training;

	b.  that he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman);

	c.  that he served in the Republic of Vietnam from 26 October 1968 through 25 January 1969;

	d.  in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Bronze Star Medal with "V" Device, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar;

	e.  that he was released from active duty on 26 May 1970 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation; and 

	f.  that he had attained the rank/grade of specialist four (SP4)/E-4 and had completed 2 years of creditable active duty service.

4.  General Orders Number 11545, Headquarters, 9th Infantry Division, dated
23 December 1968, awarded the applicant the Bronze Star Medal with "V" Device for distinguishing himself by valorous actions on 30 November 1968 while serving as a rifleman with Company D, 2nd Battalion, 39th Infantry Regiment.  He was on a reconnaissance mission when his squad was pinned down by enemy sniper fire.  The applicant courageously maneuvered to the flank of the enemy position and engaged the snipers, taking one of them prisoner and holding him under guard until other members of his platoon arrived. 



5.  Special Orders Number 16, Headquarters, United States Army Vietnam, dated 16 January 1969, released the applicant from the 39th Infantry Regiment and reassigned him as a medical patient to the Medical Holding Company at Camp Zama, Japan, effective 14 January 1969. 

6.  In a letter from the Office of The Adjutant General, Washington, DC, dated 
4 August 1970, The Adjutant General stated that the official records showed the applicant was authorized the Purple Heart and Good Conduct Medal.  It further stated that the Commanding General of the 6th United States Army had been asked to arrange for the presentation of the Purple Heart to the applicant and that the Commanding Officer, United States Army Support Center, Philadelphia, Pennsylvania, was authorized to forward the Good Conduct Medal to the applicant.

7.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 5 January 1969.

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

9.  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 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.

10.  USARV Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that 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 this regulation 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.

11.  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 two campaign periods: the Vietnam Counteroffensive, Phase V            (1 July 1968 – 1 November 1968) and the Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  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 39th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 31, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 59, dated in 1969, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

13.  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 six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he was awarded the Purple Heart.

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster which corroborates The Adjutant General's letter, dated
4 August 1970, wherein the applicant was informed that he was authorized the Purple Heart.  Therefore, the applicant's records should be corrected to show award of the Purple Heart.

3.  The available evidence clearly shows that the applicant was awarded an infantry 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 the enemy in active ground combat.  Therefore, he should be awarded the Combat Infantryman Badge. 

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

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards. 

6.  The available evidence clearly shows that the applicant was medically evacuated from the Republic of Vietnam.  Therefore, his short period of service in the theater qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be accordingly corrected.

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 Vietnam Service Medal;
   b.  awarding the applicant the Purple Heart for wounds received as a result of hostile action on 5 January 1969; and
   
   c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20090000730



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ABCMR Record of Proceedings (cont)                                         AR20090000730



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