IN THE CASE OF:	  

		BOARD DATE:	  16 June 2009

		DOCKET NUMBER:  AR20090004221 


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

2.  The applicant states he was awarded both awards but they are not on his DD Form 214.

3.  The applicant provides a DD Form 214, a Purple Heart Certificate, and a copy of a newspaper article in support of this 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 was inducted into the Army on 1 November 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam on 15 September 1966 and was assigned to Company A, 1st Battalion, 8th Infantry, 4th Infantry Division.  He departed Vietnam on or about 3 September 1967 after being credited with participation in two campaigns.  He was honorably released from active duty on 5 September 1967.

4.  Item 24 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Pistol Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and one overseas service bar as authorized awards.

5.  Headquarters, 1st Brigade, 4th Infantry Division, Special Orders Number 34, dated 17 November 1966, awarded the applicant the Combat Infantryman Badge.

6.  There are no orders in the applicant's available records which show he was awarded the Purple Heart; however, his name is listed on the Vietnam Casualty Roster as being wounded as a result of hostile action on 22 March 1967.

7.  Army Regulation (Military Awards) 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, and the medical treatment must have been made a matter of official record.

8.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

9.  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, at the time of the applicant's assignment to 1st Battalion, 8th Infantry, it was cited for award of the Presidential Unit Citation for the period 18 May 1967 through 26 May 1967 by Department of the Army General Orders (DAGO) Number 69, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to 1st Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by DAGO Number 3, dated 1970.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to 1st Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. 
During the applicant's tour in Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states one overseas service bar is authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders in the applicant's records which show he was awarded the Purple Heart, his name is listed on the Vietnam Casualty Roster as being wounded as a result of hostile action.  Therefore, there is sufficient evidence on which to award the Purple Heart in this case.

2.  Orders show the applicant was awarded the Combat Infantryman Badge.  This award should be added to his DD Form 214.

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

4.  The applicant was credited with participation in two campaigns while in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Although an overseas service bar is an item of uniform wear and not an award or decoration, the applicant’s DD Form 214 shows he is eligible to wear one overseas service bar.  However, he is eligible to wear two overseas service bars. 
Therefore, his DD Form 214 should be amended to reflect this fact.

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 him the Purple Heart for wounds received on 22 March 1967; and

	b.  amending his DD Form 214 to add the Purple Heart, the Combat Infantryman Badge, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, to show he is authorized to wear two bronze service stars on his Vietnam Service Medal, and to show he is eligible to wear two overseas service bars instead of the one now reflected on his DD Form 214.



      ____________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)                                         AR20090004221



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ABCMR Record of Proceedings (cont)                                         AR20090004221



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