IN THE CASE OF:	  

		BOARD DATE:	       9 JULY 2009

		DOCKET NUMBER:  AR20090003690 


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 Purple Heart and the Combat Infantryman Badge and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that the awards clerk identified his Purple Heart award for another Soldier with a name similar to his.  He also states that the clerk never put him in for the Combat Infantryman Badge based on his military occupational specialty (MOS) of 11B.  In effect, he needs the Purple Heart added to his DD Form 214 for benefits provided by the Department of Veterans Affairs (VA).

3.  In support of his application, the applicant provides a letter from a former service member.   

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers requests and statements to the applicant and provides no additional documentation in support of the applicant's 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 that he was inducted into the Army of the United States, in pay grade E-1, on 27 November 1967.  He completed basic combat and advanced individual training and was awarded MOS 11B, Light Weapons Infantryman.  He served in the Republic of Vietnam from 15 May 1968 through 10 May 1969, with Company B, 2nd Battalion, 47th Infantry, 9th Infantry Division, for four campaigns.  He served in MOS 11B, as a Light Weapons Infantryman and Squad Leader.  

3.  The applicant's records contain General Orders Number 10628, dated 13 November 1968, awarding the Purple Heart for wounds received in connection with military operations in Vietnam on 9 November 1968, to an individual with the same last and first name as the applicant.  The individual's middle initial is different from the applicant's.  The service number and social security number listed on the orders is not the same as the applicant's.  (These orders will be forwarded to the records custodian for appropriate filing with the records of the individual listed as the recipient of the award.)

4.  The applicant's records contain General Orders Number 11199, dated 9 December 1968, awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 31 October 1968.  The orders read that the applicant courageously exposed himself to intense hostile fire as he engaged the enemy, enabling his wounded comrades to be moved to safety.  

5.  The applicant was honorably released from active duty for immediate reenlistment on 5 February 1969.  He was issued a DD Form 214 that shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 60, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60 machine gun).  

6.  The applicant reenlisted on 6 February 1969.  He again served in Vietnam from 18 August 1971 through 11 June 1972, with Companies C and A, 1st Battalion, 48th Infantry, for three campaigns.

7.  The applicant was separated from active duty on 29 November 1973, under other than honorable conditions, and issued an Undesirable Discharge Certificate.  On 12 May 1980, the Army Discharge Review Board upgraded his discharge to a general, under honorable conditions, discharge. 

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's reissued DD Form 214 lists the following awards:  the Vietnam Service Medal with one silver service star, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Bronze Star Medal with "V" Device and Oak Leaf Cluster, the Army Commendation Medal with "V" Device and Oak Leaf Cluster, the National Defense Service Medal, the "Vietnamese Unit Citation," and the Republic of Vietnam Campaign Medal with Device (1960).  The Purple Heart and the Combat Infantryman Badge are not listed.  

9.  There are no orders in the applicant’s military personnel records that show he was awarded the Purple Heart and the Combat Infantryman Badge.  His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) contains the entries "burns to right hand" on 28 February "1956" [sic].  Item 41 (Awards and Decorations) does not list the Purple Heart and the Combat Infantryman Badge.

10.  The Vietnam Casualty Roster shows the applicant was wounded on 28 February 1969 and the casualty status code was "23."  This code indicates the status "hostile wounded in action, not serious, hospitalized."  

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) failed to reveal any orders for award of the Purple Heart and the Combat Infantryman Badge to the applicant.

12.  The applicant submits a copy of a letter, dated 1 March 2009 addressed to the VA from a former service member on the applicant's behalf.  The individual stated, in effect, that on 9 November 1968, the applicant and another Solider were wounded when a bobby-trap went off sending them up into the air.  Both men sustained relatively minor shrapnel wounds around the lower legs and compressive explosive blast damage to the foot and leg on the side that had stepped on the bobby-trap.  He ordered the applicant and other Soldier to await transportation back to the battalion aid station.  Upon his return to Bihn Phuoc, he found out the applicant and the other Soldier had had minor surgery to remove shrapnel from one or both legs and given 3 days light duty.  While at the battalion aid station, he completed the necessary forms for both men to receive the Purple Heart.  They had another Soldier in Company B at the time, assigned to their second platoon with the same name as the applicant.  Apparently, the aid station clerk confused the two and entered the request into the wrong file, resulting in the applicant never receiving the Purple Heart he deserves and he was intending to try to rectify that.

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

14.  Army Regulation 600-8-22 also 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.  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 U.S. Army Republic of Vietnam (USARV) Regulation 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.

15.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit, Company C, 2nd Battalion, 47th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Order Number 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by Headquarters, Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not show his award of the Purple Heart.  There are no general orders that show the applicant was awarded the Purple Heart.  The evidence of record shows he sustained burns to his right hand on 28 February 1969, in the Republic of Vietnam, as a result of hostile action.  Despite the lack of general orders awarding the applicant the Purple 
Heart, and despite the date mentioned in the letter of support, the evidence of record shows he is qualified for award of the Purple Heart for wounds received on 28 February 1969.  He is therefore entitled to have the Purple Heart awarded to him and to have this award shown on his DD Form 214.

2.  There are also no orders that show the applicant was awarded the Combat Infantryman Badge.  The evidence shows he was awarded the Army Commendation Medal with "V" Device in 1968 after exposing himself to intense hostile fire as he engaged the enemy.  The Vietnam Casualty Roster also shows he was wounded in hostile action on 28 February 1969.  The evidence further shows the applicant served in an infantry MOS and in an infantry unit during his service in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and to have this award shown on his DD Form 214.

3.  The evidence further confirms the applicant participated in seven campaigns while serving in Vietnam.  He was awarded one silver star to be affixed to his already-awarded Vietnam Service Medal.  Based on his campaign participation, he is also entitled to award of two additional bronze service stars and to have these affixed to his Vietnam Service Medal. 

4.  General orders awarded the applicant's unit 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 a member of the unit.  He is entitled to these unit awards and it would also be appropriate to add these unit awards to his DD Form 214.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  awarding the applicant the Purple Heart for wounds he received in the Republic of Vietnam on 28 February 1969 and the Combat Infantryman Badge;

     b.  amending his reissued DD Form 214 to show two additional bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to add the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	c.  providing him a corrected DD Form 214 that includes these awards and correction.




      _______ _   __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)                                         AR20090003690



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ABCMR Record of Proceedings (cont)                                         AR20090003690



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