BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090017876 


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 show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states he was awarded the Purple Heart for wounds sustained on 5 April 1967 and later he was awarded the Combat Infantryman Badge.

3.  The applicant provides no documentation in support of his application.  Although he indicates he is submitting "Order TC 320: Award of the Purple Heart; also citation [for] award of Purple Heart," these documents were not received with 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 10 August 1966.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  He served in Vietnam from 4 February to 7 May 1967 when he was medically evacuated to the United States.  From 10 February 1967 until he was wounded on 5 April 1967, he served as a light weapons infantryman with C Company, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division.

4.  Headquarters, 8th Field Hospital, General Orders Number 37, dated 8 April 1967, awarded him the Purple Heart for wounds received on 5 April 1967.

5.  Following his release from the hospital, he served as a drill sergeant at Fort Ord, CA.  He was subsequently awarded the Drill Sergeant Identification Badge to indicate his drill sergeant qualifications.

6.  He was released from active duty on 9 August 1968 in the rank/grade of sergeant (SGT)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Army Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Item 41 (Awards and Decorations of his DA Form 20 (Enlisted Qualification Record) lists the same awards as shown in item 24 of his DD Form 214.  However, item 29 (Qualification in Arms) shows he also qualified as a marksman with the M-16 automatic rifle on 16 November 1966 and as a 2nd class gunner [marksman] with the M-60 machine gun on 23 November 1966.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era that is maintained by the Military Awards Branch of the Human Resources Command, failed to reveal orders for any awards pertaining to the applicant.

10.  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.  Additionally, Appendix V of USARV 672-1 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.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive Phase II campaign that extended from 1 July 1966 - 31 May 1967.

12.  Army Regulation 600-8-22 describes the Republic of Vietnam Campaign Medal with Device (1960).  This medal was authorized 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 or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

13.  Army Regulation 600-8-22, paragraph 8-42, describes the Drill Sergeant Identification Badge.  This badge is authorized for permanent wear to a Soldier who successfully completes the Drill Sergeant Course and is assigned as a drill sergeant to a training command.  Authority to revoke the badge is delegated to commanders of U.S. Army training centers and commandants of drill sergeant schools.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment to the 2nd Battalion, 7th Cavalry Regiment, this unit was awarded the Presidential Unit Citation for the period 25 August 1966 - 4 April 1967 by Department of the Army General Order (DAGO) 2, dated 1973.


15.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the Purple Heart for wounds sustained on 5 April 1967 and later he was awarded the Combat Infantryman Badge.

2.  Records show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 5 April 1967.  Therefore, his DD Form 214 should be corrected to show this award.

3.  There is no available evidence that the applicant was awarded the Combat Infantryman Badge.  However, he held an infantry MOS, served in Vietnam with an infantry company, and his award of the Purple Heart shows he received wounds in connection with military operations against a hostile force.  As such, he met all the criteria for award of the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge effective 5 April 1967 and his DD Form 214 should be corrected to show this award.

4.  He served in Vietnam during one campaign period; therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with one bronze service star.

5.  His tour of duty in Vietnam was shortened to less than 6 months based on his wounding and medical evacuation from Vietnam.  As such, he qualified for and is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

6.  His unit in Vietnam during his assignment was awarded the Presidential Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.


7.  All Soldiers assigned to Headquarters, United States Military Assistance Command during the period 8 February 1962 to 28 March 1973 and/or Headquarters, U.S. Army Vietnam during the period 20 July 1965 to 28 March 1973, and their subordinate units are entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

8.  Records show he completed the Drill Sergeant School in 1967 and he was subsequently assigned to a training brigade.  Therefore, his DD Form 214 should be corrected to show award of the Drill Sergeant Identification Badge.

9.  Records also show he qualified as a marksman with the M-16 automatic rifle and the M-60 machine gun.  Therefore, he is entitled to correction of his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) and Machinegun (M-60) Bars.

10.  In view of the foregoing, it would be appropriate 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge, effective 5 April 1967; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with 


Device (1960), Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Drill Sergeant Identification Badge, and the Marksman Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars.



      ________________________
               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)                                         AR20090017876



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017876



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1