BOARD DATE:	  22 September 2009

		DOCKET NUMBER:  AR20090005797 


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 separation document to show award of the Bronze Star Medal and all of his authorized awards.  He also requests a copy of his Purple Heart Certificate and all of his medals and ribbons.

2.  The applicant states he was wounded in Vietnam on 17 November 1968; however, he never received the Purple Heart Certificate or medal set.  He also states he was awarded the Bronze Star Medal and received the Bronze Star Medal Citation; however, the award is not listed on his separation document and he never received the medal set.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); Headquarters, 25th Infantry Division, General Orders Number 8238, dated
19 November 1968; and The Bronze Star Medal Citation.

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 in the Army of the United States and entered active duty for a period of 24 months on 16 November 1966.  Upon completion of training, he was awarded military occupational specialty 91B (Medical Corpsman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) he served overseas in the Republic of Vietnam (RVN) from 18 February through 8 November 1968;

   b.  Item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized), 5th Infantry (RVN), from
22 February through 31 August 1968.  He was then assigned to Company D,
1st Battalion (Mechanized), 5th Infantry (RVN), from 1 September through
31 October 1968;

   c.  Item 39 (Campaigns) he served in the RVN during the Tet Counteroffensive;

   d.  Item 40 (Wounds) he sustained a fragment wound to his buttocks on
17 September 1968; and

   e.  Item 41 (Awards and Decorations) he was authorized the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, Vietnam Service Medal, Combat Medical Badge, Silver Star, Republic of Vietnam Campaign Medal, Overseas Service Bar, and Purple Heart. This item also shows, in pertinent part, the Combat Medical Badge was awarded by Headquarters, 25th Infantry Division, Special Orders Number 79 (1968).

4.  Headquarters, 25th Infantry Division (RVN), Special Orders Number 79, dated 19 March 1968, in pertinent part, show the applicant was awarded the Combat Medical Badge.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 2 November 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  At the time he had completed 1 year, 11 months, and
17 days of net active service and 8 months and 15 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge, Purple Heart, Silver Star, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, and one Overseas Service Bar.

6.  In support of his application, the applicant provides copies of Headquarters, 25th Infantry Division (RVN), General Orders Number 8238, dated 19 November 1968, and The Bronze Star Medal Citation that show the applicant was awarded the Bronze Star Medal for meritorious service.

7.  On 20 August 2009, the applicant was contacted concerning the apparent erroneous entry of the Combat Infantryman Badge that is recorded in item 24 of his DD Form 214.  On 21 August 2009, the applicant responded that he agreed that the Combat Infantryman Badge was an erroneous entry and also concurred with any changes that were necessary to correct his DD Form 214.

8.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

9.  Headquarters, Fort Polk, Fort Polk, Louisiana, Special Orders Number 16, dated 17 January 1967, in pertinent part, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

10.  Headquarters, Fort Riley, Fort Riley, Kansas, Special Orders Number 11, dated 15 June 1968, in pertinent part, show the applicant was awarded the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

11.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns; a total of three campaigns.  This regulation also provides, in pertinent part, for 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, including the Vietnam Service 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 pamphlet shows that at the time of the applicant's assignment to the 1st Battalion (Mechanized), 5th Infantry (RVN), the battalion was awarded the Presidential Unit Citation by Headquarters, Department of the Army, General Orders Number 82 (1969).

14.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant's assignment to the 1st Battalion (Mechanized), 5th Infantry (RVN), the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).  This pamphlet further shows that at the time of the applicant's assignment to the unit, the battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51 (1971), as amended by Headquarters, Department of the Army, General Orders Number 9 (1979).

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted Soldiers 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.  The Military Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal and all of his authorized awards.  He also requests a Purple Heart Certificate and all of his medals and ribbons.

2.  The applicant was wounded in the RVN on 17 September 1968 and he was awarded the Purple Heart; however, he never received the Purple Heart Certificate.  Therefore, it would be appropriate to issue the applicant a DA Form 4980-10 (The Purple Heart Certificate) documenting the award.

3.  General orders awarded the applicant the Bronze Star Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show the Bronze Star Medal.

4.  The applicant qualified for award of the National Defense Service Medal. Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

5.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of Vietnam Service Medal with three bronze service stars.

6.  General orders awarded the applicant's unit the Presidential Unit Citation. Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

7.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

8.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

9.  Item 41 of the applicant's DA Form 20 fails to show the Combat Infantryman Badge; however, this item does show the Combat Medical Badge.  In addition, special orders awarded the applicant the Combat Medical Badge.  Item 24 of the applicant's DD Form 214 shows the entry "Combat Infantryman's Badge."  Based on the evidence of record and the distinctly unique award criteria governing award of the two badges, it is concluded that the Combat Infantryman Badge was incorrectly entered in item 24 of the applicant's DD Form 214.  Therefore, based on the evidence of record, and in conjunction with the applicant's concurrence, it would be appropriate to correct item 24 of the applicant's DD Form 214 to delete the Combat Infantryman Badge and add the Combat Medical Badge.

10.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  Therefore, it would be appropriate to correct his
DD Form 214 to show the badges with the respective component bar.

11.  As a matter of information, military awards and service medals are not issued by the ABCMR.  However, the applicant is advised that he may obtain his medals by submitting a request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5100.  Additional information concerning eVetRecs is also available on their website at: http://www.archives.gov/st-louis/military-personnel/.

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.  issuing a DA Form 4980-10 (Purple Heart Certificate) showing he was awarded the Purple Heart for wounds received in the Republic of Vietnam on
17 September 1968;

   b.  deleting from item 24 of his DD Form 214 the entries, "SHARPSHOOTER" and COMBAT INFANTRYMAN'S BADGE"; and
   
   c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Medical Badge, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.



      _______ _   _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)                                         AR20090005797



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ABCMR Record of Proceedings (cont)                                         AR20090005797



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