IN THE CASE OF:	  

		BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090008621 


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 Purple Heart, Combat Infantryman Badge, and the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device.

2.  The applicant states the awards were left off his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 for the period ending 
19 December 1969; a copy of General Orders Number 4350, issued by Headquarters, 9th Infantry Division, awarding him the Army Commendation Medal; a copy of a certificate, dated 21 April 1969, showing award of the Purple Heart; a copy of a letter, dated 10 May 1973 and a certificate, dated 14 May 1969, showing award of the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device, in support of his request.

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 records show he was inducted into the Army of the United States and entered active duty on 17 May 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 19 December 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 15 October 1968 to on or about 27 May 1969.  He was assigned to Company B, 3rd Battalion, 60th Infantry, 9th Infantry Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Air Medal, Army Commendation Medal, Vietnam Campaign Medal, Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show awards of the Purple Heart, Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device, or the Combat Infantryman Badge. 

5.  Headquarters, 29th General Hospital, General Orders Number 91, dated 22 April 1969, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 21 April 1969.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant suffered multiple fragment wounds to his body on 21 April 1969.  

7.  Headquarters, 9th Infantry Division, General Orders Number 4350, dated 20 April 1969, show the applicant was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from 15 October 1968 to 24 March 1969.


8.  The applicant submitted a copy of a letter, dated 10 May 1973, from the Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, in which he was notified that he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device.  Enclosed with the letter was a certificate, dated 14 May 1969, that shows he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 16 April 1969.

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

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.

11.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in three campaigns during his tour of duty in the Republic of Vietnam as follows:  the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969); and the TET 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969).  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 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 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 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.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment to the 3rd Battalion, 60th Infantry, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January 1969 to June 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Citation for service from 19 December 1966 to 28 June 1969 based on Department of the Army General Orders (DAGO) Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart, Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device, and the Combat Infantryman Badge.

2.  General orders awarded the applicant the Purple Heart for wounds received in action by a hostile force on 21 April 1969 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows the applicant held an infantry MOS and he was assigned to an infantry unit during his service in the Republic of Vietnam.  Additionally, he suffered multiple fragment wounds to his body and he was awarded the Purple Heart for wounds received in action by a hostile force on
21 April 1969.  Therefore, he met the criteria for award of the Combat Infantryman Badge and is entitled to correction of his records to show this award.

4.  The applicant received correspondence from the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, in which he was notified that he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device.  Enclosed with the letter was a certificate, dated 14 May 
1969, that shows he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 16 April 1969.  Therefore, there is sufficient evidence to show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device and entitled to correction of his records to show this award.

5.  The evidence of record confirms that the applicant served honorably during the period 17 May 1968 through 19 December 1969.  He served in Vietnam, he was awarded the Purple Heart, he attained the rank/grade of SGT/E-5, and he received "excellent" conduct and efficiency ratings throughout his military service. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

6.  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 Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

7.  The evidence of record shows 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 his already-awarded Vietnam Service Medal.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and Army Commendation Medal;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 May 1968 through 19 December 1969;

	c.  awarding the applicant the Combat Infantryman Badge; and
	
	d.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Purple Heart, Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Citation.



      _________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)                                         AR20090008621



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090008621



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1