IN THE CASE OF:  

		BOARD DATE:  13 May 2010

		DOCKET NUMBER:  AR20090015482 


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 his Purple Heart and Army Commendation Medal with "V" Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he only recently learned that the awards were missing from his DD Form 214.  The Purple Heart, Army Commendation Medal with "V" Device, and CIB entries on his DD Form 214 will help him qualify for Department of Veterans Affairs disability benefits.

3.  The applicant provides copies of the orders for the Purple Heart and the Army Commendation Medal with "V" Device and his DD Form 214.

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 enlisted in the Regular Army and entered active duty on 20 May 1965.  He completed training during which he qualified as a marksman with the M-14 rifle and as a 1st Class Gunner [Sharpshooter] with the M-60 machinegun.  He was awarded occupational specialty (MOS) 11B (light weapons infantryman).

3.  The applicant then served tours of duty in Korea and at Fort Carson, Colorado.

4.  On 9 September 1967 he reported for duty in Vietnam with A  Company, 3rd Battalion, 22nd Infantry.  General orders in his MPRJ show he was awarded the Purple Heart for wounds received on 12 January 1968.

5.  He returned to the United States on 11 May 1968 and was separated from active duty with an honorable characterization of service.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) in pay grade E-4.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists his awards as the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows his awards as the Marksman Marksmanship Qualification Badge with Rifle Bar, 1st Class Gunner [Sharpshooter Marksmanship Qualification Badge with Machinegun Bar], Vietnam Service Medal, and Vietnam Campaign Medal.  It also shows the order for the Army Commendation Medal with "V" Device as revoked; however, there is no available substantiation of this reported revocation.

8.  The applicant submitted a copy of 25th Infantry Division General Orders Number 1375, dated 20 March 1968, awarding him, a member of A  Company, 3rd Battalion, 22nd Infantry, the Army Commendation Medal with "V" Device for heroism in action on 1 January 1968 as part of the security force for Fire Support Base Burt.  The citation reads in part, "Disregarding the incoming mortar rounds and the point blank fire of the friendly artillery [the applicant] courageously held his position and fought off wave after wave of attacking insurgents."  This order is not contained in the available records; however, a 17 September 1968 letter from Headquarters, 25th Infantry Division, forwarded "award materials" pertaining to award of the Purple Heart and the Army Commendation Medal with "V" Device to the applicant based on General Orders Numbers 4189 and 1375.

9.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  for award of the Vietnam Service Medal to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations;

	b.  in appendix B the campaigns for Vietnam.  During the applicant's tour of duty in Vietnam he participated in three campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign; and

	c.  that the Vietnam Campaign Medal is correctly known as the Republic of Vietnam Campaign Medal with Device (1960).

10.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "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 and warrant officer persons 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.

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 pamphlet shows 3rd Battalion, 22nd Infantry, was awarded the Republic Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967–August 1968 by Department of the Army General Orders Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he only recently learned that the awards were missing from his DD Form 214.  The Purple Heart, Army Commendation Medal with "V" Device, and the CIB entries on his DD Form 214 will help him qualify for Department of Veterans Affairs disability benefits.
2.  Although the DA Form 20 indicates the order awarding the Army Commendation Medal with "V" Device was revoked, the 17 September 1968 letter from Headquarters, 25th Infantry Division, the awarding headquarters, shows otherwise.  The applicant was awarded and is authorized the Army Commendation Medal with "V" Device.

3.  The applicant was awarded the Purple Heart for wounds sustained in action on 12 January 1968.

4.  He was also awarded/authorized the following awards that are not shown on his DD Form 214:

	a.  three bronze service stars for wear on the Vietnam Service Medal,

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation,

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,

	d.  Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and

	e.  the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The applicant held an 11B MOS as a light weapons infantryman.  He was a part of an infantry company and the citation for the Army Commendation Medal with "V" Device clearly shows that he participated in active ground combat.  He should be awarded the CIB.

6.  The above awards should be added to his DD Form 214.

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 CIB;

   b.  deleting the awards currently shown on his DD Form 214 and

	c.  showing in item 24 of his DD Form 214 that his authorized awards consist of the Purple Heart, Army Commendation Medal with "V" Device, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, 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, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.




	____________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)                                         AR20090015482



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015482



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1