IN THE CASE OF:	  

		BOARD DATE:	      23 APRIL 2009

		DOCKET NUMBER:  AR20090000931 


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, award of the Combat Infantryman Badge (CIB), Purple Heart, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that he should have been awarded the CIB, but the officer in charge said that his military occupational specialty (MOS) of clerk typist precluded him from receiving this award.  The applicant maintains that he has a scar on the back of his left hand from a shrapnel wound he received while leaving Saigon in a helicopter.  He adds that a captain who was on the helicopter with him said "sorry no Purple Heart."  He offers that the captain's response was based on the fact that he [captain] did not get hit.  Additionally, the applicant maintains that he received the Republic of Vietnam Gallantry Cross with Palm Unit Citation from St. Louis.

3.  The applicant provides no additional documents 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.  The applicant's military records show he enlisted in the Regular Army on
7 September 1966.  After completion of basic and advanced individual training, he was awarded MOS 71B (Clerk Typist).  He served in Vietnam from
12 February 1967 to 12 September 1968.  The applicant was honorably released from active duty on 20 June 1969.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart or the CIB.  The applicant's military service records do not contain any general orders awarding him the Purple Heart or the CIB.  The applicant's name is not listed on the Vietnam casualty roster.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that effective 19 February 1967, he was assigned to the United States Military Assistance Command Vietnam, Republic of Vietnam (RVN), in duty MOS 71B. 

5.  There is no documentation in the available records which show that the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.

6.  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.  

7.  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 a medical officer, and the medical treatment must have been made a matter of official record.


8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by Department of the Army General Order Number 8, dated 1974.

9.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in five campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze or silver service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver star is worn instead of five bronze service stars.  The applicant's DD Form 214 shows award of the Vietnam Service Medal.  His records also indicate that he participated in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns, but no silver service star is listed. 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show that the applicant should be awarded the CIB.  There is no evidence that the applicant held an infantry MOS and served in an infantry unit of regimental size or smaller while in active ground combat, which is required by regulation for award of the CIB.  In view of this fact, there is an insufficient basis for award of the CIB.

2.  There are no general orders available which awarded the applicant the Purple Heart.  There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam.  In the absence of such evidence, there is an insufficient basis for award of the Purple Heart in this case.

3.  Evidence of record shows the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

4.  Evidence also shows the applicant participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show award of a silver service star to be worn on his already-awarded Vietnam Service Medal.


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:

   a.  adding to the individual’s DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   b.  showing he is entitled to wear a silver service star affixed to his already-awarded 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 award of the CIB and Purple Heart.  




      _______ _   __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)                                         AR20090000931



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ABCMR Record of Proceedings (cont)                                         AR20090000931



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