IN THE CASE OF:	

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090011487 


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 records to show award of the Purple Heart, Air Medal, and Combat Infantryman Badge.

2.  The applicant states he believes these awards are not on his separation document because he was wounded in the line of duty while serving in Vietnam, medically evacuated to Japan, and then to Walter Reed Army Medical Center in Washington, DC.

3.  The applicant provides no additional documentary evidence in support of his 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 of the United States and entered active duty for a period of 2 years on 12 December 1967.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  Item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 13 July through 17 August 1968;

	b.  Item 38 (Record of Assignments) that he served as a Light Weapons Infantryman in duty MOS 11B1O while assigned to Company C, 2nd Battalion, 327th Infantry, 101st Air Calvary Division (RVN), from 20 July to 16 August 1968.  He was then assigned in a patient status to the Medical Hold Detachment,
24th General Hospital (Japan) on 17 August 1968.

   c.  Item 39 (Campaigns) that he served in the RVN during the Vietnam Counteroffensive Phase V campaign;

   d.  Item 40 (Wounds) that he sustained fragment wounds to his right hand, left arm, right foot, and chest on 11 August 1968; and

	e.  Item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  There are no orders or other evidence in the applicant’s military personnel records that show he was awarded the Purple Heart, Air Medal or Combat Infantryman Badge.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
28 January 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  At the time he had completed 2 years of net active service,
1 month and 4 days of foreign service; and he had 48 days of time lost.  Item
24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

6.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, shows the applicant’s name is listed as having been wounded in action on 10 August 1968 as a result of hostile action.

7.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System, for the Vietnam Conflict failed to produce a copy of any award orders pertaining to the applicant.

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.  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 Vietnam Counteroffensive Phase V campaign.  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.

10.  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 Company C, 2nd Battalion, 327th Infantry, 101st Air Calvary Division (RVN), the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 43 (1970).  This pamphlet also shows that at the time of his assignment, 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 48, dated 1971.

11.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  Additionally this regulation provides that:

   a.  the Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record;

   b.  the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; and

   c.  the Combat Infantryman Badge is awarded to infantry officers and enlisted Soldiers 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.

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart because he was wounded in action in the RVN.  He also contends his records should be corrected to show award of the Air Medal and Combat Infantryman Badge based on his service in the RVN.

2.  The evidence of record shows that item 40 of the applicant's DA Form 20 indicates he sustained fragment wounds to his right hand, left arm, right foot, and chest and The Adjutant General's Office, Vietnam Casualty Roster, confirms the applicant was wounded in connection with military operations on 10 August 1968 in the RVN.  Therefore, based on the available evidence, it would be appropriate to correct the applicant’s records to show award of the Purple Heart.

3.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  However, the evidence of record shows the applicant was awarded primary MOS 11B, that he served as an infantryman in duty MOS 11B while assigned to an infantry company in the RVN, and he was wounded as a result of hostile action.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to correct the applicant’s records by awarding him the Combat Infantryman Badge.

4.  There are no orders or other evidence in the applicant’s military personnel records that shows he was awarded the Air Medal.  In addition, the applicant provides no evidence to support his claim to the award.  Therefore, there is insufficient evidence to support award of the Air Medal in this case.

5.  Records show the applicant was awarded the Vietnam Service Medal and he participated in one campaign during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of one bronze service star to be affixed to his Vietnam Service Medal.

6.  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.

7.  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.

8.  Records show the applicant was awarded the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge and the component bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 received in action in the Republic of Vietnam on 10 August 1968;

	b.  awarding the applicant the Combat Infantryman Badge for satisfactory performance of duty as a combat infantryman against an active hostile ground force while assigned to Company C, 2nd Battalion, 327th Infantry, 101st Air Calvary Division (RVN) during the period 20 July to 10 August 1968;

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

   d.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar.
   
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Air Medal.  




      _______ _   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)                                         AR20090011487



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ABCMR Record of Proceedings (cont)                                         AR20090011487



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