IN THE CASE OF:	

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090012726 


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 (Report of Transfer or Discharge) to show award of the Purple Heart, the Combat Infantryman Badge, and the Good Conduct Medal. 

2.  The applicant states that the cited awards were earned and should be made part of his permanent record.  

3.  The applicant provides a copy of his DD Form 214 and orders for the Purple Heart 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 on 26 October 1966.  He was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).  He arrived in Vietnam on 17 April 1967.  He served in MOS 11C assigned to Company C, 5th Battalion, 60th Infantry of the 9th Infantry Division in Vietnam from 22 April 1967 until he was wounded in action on 29 July 1967 and hospitalized for further medical treatment.  He served in MOS 11C assigned to Company C, 5th Battalion, 60th Infantry in Vietnam from 26 October 1967 through 13 December 1967.  He served in MOS 03B (entertainment specialist) assigned to the 9th Administrative Company of the 9th Infantry Division in Vietnam from 14 December 1967 through 31 December 1967.  He served in MOS 03C (physical activities specialist) assigned to the 9th Administrative Company of the 9th Infantry Division in Vietnam from 1 January 1968 through 16 April 1968.  On 25 October 1968, the applicant was released from active duty in the rank of private first class after completing 2 years of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 3d Surgical Hospital (Mobile Army) General Orders Number 103, dated 30 July 1967, show the applicant received the Purple Heart for wounds received in action on 29 July 1967. 

5.  There are no orders for the Combat Infantryman Badge in the available records.

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  Records show the applicant participated in four campaigns during his assignment in Vietnam. 

8.  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 applicant's unit (5th Battalion, 60th Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (December 1966 to June 1968) based on Department of the Army General Orders (DAGO) Number 43, dated 1970.  His unit (9th Administrative Company) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 
30 June 1968 based on DAGO Number 31, dated 1969.

9.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

10.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(5th Battalion, 60th Infantry) at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1968 based on DAGO Number 59, dated 1969 and his unit (9th Administrative Company) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 
19 December 1966 to 28 June 1969 based on DAGO Number 59, dated 1969.  

11.  Army Regulation 600-8-22 (Military Awards) 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

13.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award. 

2.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He was also wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  The applicant was separated in the rank of private first class with 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 
26 October 1966 through 25 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant's units (5th Battalion, 60th Infantry and 9th Administrative Company) were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant's units (5th Battalion, 60th Infantry and 9th Administrative Company) were each awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  Therefore, his DD Form 214 should be corrected to show two awards of this unit citation.







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; 

	b.  awarding him the first award of the Good Conduct Medal for the period 
26 October 1966 through 25 October 1968; and 

	c.  adding the Purple Heart, the Combat Infantryman Badge, the Good Conduct Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal 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)                                         AR20090012726





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ABCMR Record of Proceedings (cont)                                         AR20090012726



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