IN THE CASE OF:	  

		BOARD DATE:	 4 June 2009 

		DOCKET NUMBER:  AR20090001054 


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 award of the Purple Heart and Combat Infantryman Badge.  He also requests that his last name be spelled properly on his Purple Heart award order.

2.  The applicant states, in effect, that his DD Form 214 (Report of Separation from Active Duty) with a separation date of 26 September 1971 does not show he was awarded the Purple Heart for wounds he received in action while stationed in the Republic of Vietnam nor does it show award of the Combat Infantryman Badge.  He further states that his published Purple Heart award order misspelled his last name as “S___n” instead of “S___d.”   

3.  The applicant provides a copy of award orders from Headquarters, 17th Aviation Group (Combat), General Orders Number 134, dated 9 September 1971.

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 personnel record shows he enlisted in the Regular Army on 20 February 1969 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).  

3.  Records show the applicant was assigned to D Troop, 1st Squadron, 10th Cavalry in the Republic of Vietnam from on or about 1 June 1970 to on or about 25 September 1971.  A complete record of assignments for his active duty enlistment is not available for the Board's review. 

4.  On 26 September 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 issued to the applicant shows he completed a total of 2 years, 7  months, and 7 days of active federal service with 1 year, 3 months, and 25 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the period ending 26 September 1971 does not show award of the Purple Heart or Combat Infantryman Badge.  This form does show the applicant was awarded the Vietnam Service Medal.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) dated 6 April 1972 does show an entry for wounds received in hostile action with no specific date annotated on the form.   

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the Purple Heart and Combat Infantryman Badge.  

8.  Headquarters, 17th Aviation Group (Combat) General Orders Number 134, dated 9 September 1971 awarded the applicant the Purple Heart for injuries incurred on 21 May 1971 during combat operations with a hostile force.  This order shows the applicant's last name is spelled “S___n” vice “S___d.”  However, his first name, his middle initial and his Social Security Number are properly entered on the order.



9.  There are no orders awarding the applicant the Combat Infantryman Badge in his available military personnel record.

10.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in three campaigns:  the Sanctuary Counteroffensive 1970 (1 May 1970 to 30 June 1970); the Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971); and the Consolidation Campaign I (1July 1971 to 30 November 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as 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 Vietnam Campaign Medal.

13.  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 that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 14 November 1970 by publication of Department of the Army, General Order Number 52, dated 1971.



14.  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 personnel who have an infantry 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show award of the Purple Heart and Combat Infantryman Badge.

2.  The evidence of record shows the applicant was awarded the Purple Heart through the publication of General Orders Number 134.  While his last name was spelled incorrectly on those orders, the fact that the rest of his name was correctly spelled and his correct Social Security Number was entered on the orders validates the orders authenticity.  Therefore, based on the available evidence he is entitled to have his record corrected to show award of the Purple Heart.   

3.  The applicant is entitled to award of the Combat Infantryman Badge based on his infantry MOS, assignment to an infantry unit, and award of the Purple Heart that shows he was engaged in active ground combat with enemy forces. 

4.  Based on his record of service in the Republic of Vietnam, the applicant is entitled to have his recorded corrected to show award of the Republic of Vietnam Campaign Medal with Device (1960).  

5.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the previously-awarded Vietnam Service Medal.

6.  Records show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment tour.  Therefore, he is entitled to correction of his records to show this unit award.

7.  The applicant's name in his records to include his discharge documents show that his last name is spelled as “S___d.”  Therefore, the applicant is entitled to have Headquarters, 17th Aviation Group (Combat) General Orders Number 134, dated 9 September 1971, amended to correct his last name to “S___d” vice “S___n.”

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.  amending his DD Form 214 to add the Purple Heart, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal; and

     b.  amending Headquarters, 17th Aviation Group (Combat) General Orders Number 134, dated 9 September 1971, show his last name is spelled “S___d.”




      _______ _   _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)                                         AR20090001054



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ABCMR Record of Proceedings (cont)                                         AR20090001054



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