IN THE CASE OF:	

		BOARD DATE:	  09 March 2010

		DOCKET NUMBER:  AR20090016772 


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, in effect, correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart and awards highlighted on an Information Paper for Military Awards, specifically, the Legion of Merit, Bronze Star Medal with four oak leaf clusters, Vietnam Service Medal with four bronze service stars, Combat Infantryman Badge, and the Korea Defense Service Medal.

2.  The applicant states he was wounded in 1967 while assigned to the 101st Airborne Division.  He claims that his unit was “hit,” he was wounded, and then sent to the 1st Marine Field Hospital.  He states he did not receive his Purple Heart until 1975 while on recruiting duty.

3.  The applicant provides an Information Paper for Military Awards from the Chief, Veterans Support Branch, Personnel Support Division, St. Louis, MO, 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 enlisted in the Regular Army (RA) on 16 August 1960.  He completed training and he was awarded military occupational specialty (MOS) 13E (cannon fire direction specialist).

3.  He was discharged on 17 October 1962 for immediate reenlistment.  He reenlisted on 18 October 1962 and he continued to serve on active duty through a series of reenlistments.

4.  The applicant served in Vietnam from 4 November 1966 through 29 October 1967.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Battery A, 6th Battalion, 27th Artillery and
2nd Battalion, 320th Artillery as a fire direction specialist in duty MOS 13E.

5.  The applicant served in Vietnam again from 14 February 1968 through
30 March 1968.  His DA Form 20 shows he was assigned to the 2nd Battalion, 321st Artillery and 1st Battalion, 319th Artillery as a fire direction specialist in duty MOS 13E.

6.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he received credit for participation in the Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), and the Tet Counteroffensive (30 January 1968 - 1 April 1968) campaigns.

7.  His DA Form 2-1 does not list the Combat Infantryman Badge in item 9.  There are no orders in the applicant's personnel records which show he was awarded the Combat Infantryman Badge.

8.  There is no evidence which shows the applicant served in Korea.

9.  Upon completion of twenty years of service, the applicant was retired from active duty on 31 August 1980.

10.  His retirement DD Form 214 does not show the Legion of Merit, Bronze Star Medal with four oak leaf clusters, Combat Infantryman Badge, and the Korea Defense Service Medal as authorized awards.  His retirement DD Form 214 does show the Purple Heart as an authorized award.  
11.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's retirement DD Form 214 shows he was awarded the Vietnam Service Medal.

12.  The applicant provided an Information Paper for Military Awards from the Chief, Veterans Support Branch, Personnel Support Division, St. Louis.  This document shows the applicant was issued several awards, including the Legion of Merit, Bronze Star Medal with four oak leaf clusters, Vietnam Service Medal with four bronze service stars, Combat Infantryman Badge (First Award), and the Korea Defense Service Medal.

13.  Army Regulation 600-8-22 (Military Awards), 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.

14.  Army Regulation 600-8-22 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 USARV 672-1 provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

15.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.

16.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
17.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  
Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for the Vietnam Service Medal with four bronze service stars is acknowledged.  However, based on his service in Vietnam, he participated in only three campaigns during the Vietnam War.  Therefore, his retirement DD Form 214 should be corrected to show three bronze service stars for wear on his already-awarded Vietnam Service Medal.

2.  To support award of the Combat Infantryman Badge, the applicant is required to be an infantryman, satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.

3.  The evidence of record shows the applicant served as a cannon fire direction specialist in MOS 13E while assigned to artillery units during his tours in Vietnam.  Therefore, he has not met the requirements for award of the Combat Infantryman Badge or correction of his records to show this award.

4.  The applicant’s retirement DD Form 214 currently reflects award of the Purple Heart.  

5.  The applicant’s request for award of the Korea Defense Service Medal is acknowledged.  However, in the absence of evidence of record, such as morning 
reports or orders that would indicate when the applicant arrived and departed Korea, it cannot be determined that the applicant served in Korea.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show the Korea Defense Service Medal.

6.  While there is insufficient documentation and evidence for awarding the applicant the Legion of Merit and the Bronze Star Medal with four oak leaf clusters, this in no way affects the applicant’s right to pursue his claim for the Legion of Merit and the Bronze Star Medal with four oak leaf clusters, by submitting a request, with an award recommendation and supporting evidence, through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 deleting from item 13 of his final DD Form 214 the Vietnam Service Medal and replacing it with the Vietnam Service Medal with three bronze service stars.

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 award of the Legion of Merit, Bronze Star Medal with four oak leaf clusters, Vietnam Service Medal with four bronze service stars, Combat Infantryman Badge, and the Korea Defense 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)                                         AR20090016772



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ABCMR Record of Proceedings (cont)                                         AR20090016772



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