IN THE CASE OF:	

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090010564 


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 that he was awarded the Purple Heart.

2.  The applicant states that he was issued a Purple Heart; however, he cannot locate the orders and it is not reflected on his DD Form 214.

3.  The applicant provides a letter from the Department of Veterans Affairs, dated 22 May 2003, and clinical and health records that show that he received a fragment wound to his left thigh while he was in Vietnam.

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.  On 17 May 1968, the applicant was inducted into the Army in Richmond, Virginia.  He successfully completed his military occupational specialty (MOS) training as a light weapons infantryman.  He was transferred to Vietnam on 10 January 1969.

3.  While in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase VI Campaign which extended from 2 November 1968 through 22 February 1969 and the Tet 69 Counteroffensive Campaign which extended from 23 February through 8 June 1969.

4.  On 5 March 1969, General Orders Number 1442 were published by Headquarters, Americal Division, awarding the applicant the Purple Heart for a wound that he sustained on 23 February 1969 while he was assigned to Company B, 3d Battalion, 1st Infantry, 11th Infantry Brigade.

5.  A review of the clinical and health records that the applicant submitted show that he was evacuated to Martin Army Hospital, Fort Benning, Georgia, on or about 1 March 1969, due to frequent mortar attacks in the immediate area.  He was diagnosed with a fragment wound and resolved cellulites.

6.  On 15 May 1970, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations) at the expiration of his term of service.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

7.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, and the Army Good Conduct Medal.  His award of the Purple Heart is not reflected on his DD Form 214.

8.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows that was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  This award was also not included on his DD Form 214.

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

10.  Army Regulation 600-8-22 (Military Awards) states 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 Vietnam Regulation 672-1 (Decorations and Awards) states 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.

11.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation will be worn on the appropriate service medal.  In this case, the applicant is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

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 document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 by Department of the Army General Order Number 2, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he was awarded the Purple Heart.

2.  His contention has been noted and his records show that he was awarded the Purple Heart in General Orders Number 1442 dated 5 March 1969.  Therefore, his DD Form 214 should be corrected this award.

3.  The applicant is also authorized additional awards that are not currently reflected on his DD Form 214.  He is authorized the award of the Combat Infantryman Badge based on his award of the Purple Heart, his infantryman MOS, and the infantry unit to which he was assigned.  He meets the criteria for award of the Combat Infantryman Badge and his records should be corrected to reflect his award.

4.  He was assigned to a unit in Vietnam during a qualifying period for entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He was also evacuated prior to completing 6 months of service due to a wound resulting from hostile action.  Therefore, he meets the criteria contained in Army Regulation 600-8-22 for award of the Republic of Vietnam Campaign Medal with Device (1960).  These awards should be included on his DD Form 214.

5.  The applicant served in Vietnam and participated in two campaigns.  Therefore, his records should be corrected to show two bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  The applicant is also authorized the Sharpshooter Marksmanship Qualification Badge (Rifle M-16).  Therefore, his records should be corrected to show this award.

7.  It would now be in the interest of justice to correct the applicant's records 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 him the Combat Infantryman Badge for active ground combat while serving in Vietnam assigned to an infantry unit on 23 February 1969;

	b.  deleting from item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 May 1970 the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).



      ____________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)                                         AR20090010564



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ABCMR Record of Proceedings (cont)                                         AR20090010564



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