IN THE CASE OF:	

		BOARD DATE:	16 July 2009    

		DOCKET NUMBER:  AR20090002533 


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 Bronze Star Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a third award of the Purple Heart (correctly known as the Purple Heart with second oak leaf cluster).

2.  The applicant states that his DD Form 214 does not reflect these awards.

3.  The applicant provides a copy of his DD Form 214; a DA Form 1577 (Authorization for Issuance of Awards), dated 11 June 1999; and orders for the Silver Star, the Bronze Star Medal, the Army Commendation Medal, two awards of the Purple Heart, and the Purple Heart with first oak leaf cluster 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 enlisted in the Regular Army on 12 November 1965 for a period of 4 years.  He was awarded military occupational specialty (MOS) 11E (armor crewman).  On 20 December 1967 he was awarded MOS 11D (armor reconnaissance specialist).  He arrived in Vietnam on 4 March 1967.  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11D assigned to Troop C, 1st Squadron, 4th Cavalry, 1st Infantry Division, in Vietnam from 11 March 1967 through 3 October 1968 and performed duties as a Scout Driver and as a Liaison Sergeant.  On 21 November 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, three overseas service bar, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart with first oak leaf cluster, the Army Good Conduct Medal, the Silver Star, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 1st Infantry Division, General Orders Number 5846, dated 11 August 1967, show the applicant was awarded the Army Commendation Medal.

5.  Headquarters, 1st Infantry Division General Orders Number 3518, dated 15 April 1968, show the applicant was awarded the Purple Heart for wounds received in action on 3 April 1968 in Vietnam.

6.  Headquarters, 93d Evacuation Hospital, General Orders Number 110, dated 19 April 1968, show the applicant was awarded the Purple Heart for wounds received in action on 18 April 1968 in Vietnam.

7.  A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 20 April 1968, shows the applicant was wounded in action and admitted on 18 April 1968.  The DA Form 8-275-3 also shows that the Purple Heart was awarded by the 93d Evacuation Hospital by General Orders Number 110, dated 19 April 1968.

8.  Headquarters, 1st Infantry Division, General Orders Number 4122, dated 4 May 1968, show the applicant was awarded the Purple Heart with first oak leaf cluster for wounds received on 18 April 1968 in Vietnam.

9.  Headquarters, 1st Infantry Division, General Orders Number 7763, dated 3 August 1968, show the applicant was awarded the Silver Star for gallantry in action on 3 April 1968 in Vietnam.  The citation states, in pertinent part, that the applicant was "serving as a tank commander [MOS 11E] with his armored cavalry unit during counterinsurgency operations."

10.  Headquarters, 1st Infantry Division, General Orders Number 10311, dated 27 September 1968, show the applicant was awarded the Bronze Star Medal.

11.  There are no orders for the Combat Infantryman Badge in the available records.

12.  Item 40 (Wounds) of the applicant's DA Form 20 shows he was wounded on 3 April 1968 and on 18 April 1968.  The Vietnam casualty roster also shows the applicant was wounded on 3 April 1968 and on 18 April 1968.

13.  There is no evidence of record which shows the applicant was wounded a third time as a result of hostile action in Vietnam.

14.  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 pamphlet shows the applicant's unit was awarded the Valorous Unit Award for actions during the period 31 January 1968 to 31 May 1968 based on Department of the Army General Orders Number 31, dated 1969.

15.  Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

16.  Department of the Army Pamphlet 672-3 also shows the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

17.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

18.  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 MOS.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.

19.  Army Regulation 600-8-22 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.

20.  U.S. Army Vietnam Regulation 672-1 provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

21.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal and the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show these medals.

2.  There are no orders for the Combat Infantryman Badge.  Although the applicant's DA Form 20 shows he served in MOS 11D and that he was assigned to Troop C, 1st Squadron, 4th Cavalry, 1st Infantry Division, during his assignment in Vietnam, his citation for the Silver Star states that he was serving as a tank commander (an armor MOS) on 3 April 1968.  His DA Form 20 shows he served as a Scout Driver and as a Liaison Sergeant.  There is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Vietnam or that he performed infantry duties.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  Orders show the applicant received the Purple Heart for wounds received in action on 3 April 1968 in Vietnam.  The applicant's records also contain two general orders for awards of the Purple Heart for wounds sustained on 18 April 1968 in Vietnam.  However, there is no evidence that the applicant was wounded on two separate occasions on 18 April 1968.  Since the award authority for the Purple Heart in this case is the hospital commander, it appears the 1st Infantry Division general orders for award of the Purple Heart for wounds received in action on 18 April 1968 are duplicate orders.  As a result, the applicant is entitled to only one award of the Purple Heart for wounds received on 18 April 1968.  There is no evidence of record which shows the applicant was wounded in action on any dates other than 3 April 1968 and 18 April 1968.  Since the applicant’s DD Form 214 properly shows the Purple Heart with first oak leaf cluster (i.e., two awards of the Purple Heart), there is insufficient evidence on which to base a third award of the Purple Heart in this case.

4.  The applicant’s unit was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

5.  The applicant participated in five campaigns during his assignment in Vietnam which makes him eligible for one 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 adding the Bronze Star Medal, the Army Commendation Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the 


Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

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 Combat Infantryman Badge and a third award of the Purple Heart.



      ___________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)                                         AR20090002533



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ABCMR Record of Proceedings (cont)                                         AR20090002533



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