IN THE CASE OF:	  

		BOARD DATE:	    23 March 2010

		DOCKET NUMBER:  AR20090013174 


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 add the Purple Heart and all combat related awards.

2.  The applicant states he is not sure why the awards were omitted from this 
DD Form 214; however, due to the nature of his injuries, he would like his 
DD Form 214 corrected to show all of his awards.

3.  The applicant provides the following documents:

* DD Form 214
* Medical Evaluation Board (MEB) Clinical Record Narrative Summary
* Report of Medical Examination
* Recommended Findings of the Physical Evaluation Board (PEB)
* Medical Board Proceedings
* Physical Evaluation Board Proceedings

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 on 5 December 1967 and he completed his training as a light weapons infantryman.  He was transferred to Vietnam and assigned to Company B, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division on 14 May 1968.  His records show his conduct and efficiency ratings were "excellent."

3.  While in Vietnam, he participated in the Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April through 30 June 1968.

4.  General Orders Number 116 were published on 3 June 1968, awarding the applicant the Purple Heart for injury as a result of hostile action on 1 June 1968.  

5.  The applicant returned to the continental United States on 29 June 1968 and he was retired by reason of physical disability on 22 July 1969.

6.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge (Rifle M-14)

7.  The applicant's records contain no derogatory information that would have disqualified him from being awarded the Good Conduct Medal.

8.  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 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.

9.  Army Regulation 600-8-22 also provides for award of the Republic of Vietnam Campaign Medal.  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.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 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.  

11.  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 1 December 1966 to 30 June 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59 dated 1969.

12.  Records show the applicant was awarded the Vietnam Service Medal.  He participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one bronze service star to be affixed to the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  His records show that General Order Number 116 was published on 3 June 1968 awarding him the Purple Heart.  His award should be included on his 
DD Form 214.

2.  Based on his MOS, unit assignment and his award of the Purple Heart, he meets the criteria for award of the Combat Infantryman Badge.  Based on his overall record of service, he meets the criteria for award of the Good Conduct Medal.  His DD Form 214 should be corrected to add these awards.

3.  The applicant's records show that he is also authorized the following awards:

* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* One bronze service star to be affixed to his Vietnam Service Medal

4.  In view of the foregoing, it would 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 on 1 June 1968, while serving in the rank of private first class (E-3);

	b.  awarding him the Good Conduct Medal for exemplary service from 5 December 1967 through 22 July 1969, while serving in the rank of specialist four (E-4); and 

	c.  amending his DD Form 214 to add the following awards:

* Purple Heart
* Combat Infantryman Badge
* Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* One bronze service star to be affixed to his Vietnam Service 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)                                         AR20090013174



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ABCMR Record of Proceedings (cont)                                         AR20090013174


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