BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090019140


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 all decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized.  He specifically requests:

* Army Commendation Medal with "V" Device
* Purple Heart
* Combat Infantryman Badge

2.  The applicant states, in effect, he earned the above awards and badges, but because he was injured and medically evacuated from Vietnam, his records were lost and, at the time of discharge, he was separated on temporary records.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Department of Defense/Uniformed Services Identification and Privilege Card
* Copy of 3 unidentified newspaper clippings
* Department of Veterans Affairs (DVA) Rating Decision dated 7 January 1999
* DVA Rating Decision dated 29 August 2001



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 for 2 years on 8 August 1968.  His induction physical examination was unremarkable save for a notation for a history of high blood pressure and obesity and a right wrist fracture.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

* 8 August 1968 - he reported to Fort Jackson, SC
* 16 August 1968 - he began Basic Combat Training
* 11 October 1968 - he was transferred to Fort Ord, CA
* 14 October 1968 - he began infantry advanced individual training
* 14 December 1968 - he was placed in a casual travel status en route to Vietnam
* 14 January 1969 - he arrived in Vietnam
* 1 February 1969 - he was assigned to Company C, 1st Battalion, 14th Infantry, 4th infantry Division for duty as a rifleman
* 4 April 1969 - he was medically evacuated to the 249th General Hospital, Camp Drake, Japan
* 14 April 1969 - he was medically evacuated to the US Naval Hospital, St. Albans, Long Island, NY
* 23 July 1969 - he was honorably discharged by reason of physical disability without severance pay

4.  The applicant's service medical records are not available.  It appears his service medical records were transferred to the DVA following his discharge in 1969.



5.  A further review of the applicant's DA Form 20 shows no entry in Item 40 (Wounds), and no award of the Army Commendation Medal with "V' Device, Purple Heart, or Combat Infantryman Badge in Item 41 (Awards and Decorations).  Item 41 does show:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Vietnam Campaign Medal
* Good Conduct Medal

6.  The applicant's DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Good Conduct Medal

7.  There are no orders in the applicant's service records awarding him the Army Commendation Medal with "V' Device, Purple Heart, or Combat Infantryman Badge.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973 failed to reveal any award of the Army Commendation Medal with "V' Device, Purple Heart, or Combat Infantryman Badge orders on file for the applicant. 

8.  The applicant's name does not appear on the Vietnam Casualty List, a listing of service members killed or wounded during the Vietnam War.

9.  Upon his medical evacuation to the US Naval Hospital, St. Albans, Long Island, NY, the applicant underwent a physical evaluation board (PEB) for bilateral hammer toe and was determined to be unfit for military service due to a pre-existing physical condition.  A 20 May 1969 narrative summary (NARSUM) stated the applicant suffered from painful toes all of his life as a result of hammer toe deformity.  His Vietnam service caused him to develop tender callosities over the proximal interphalangeal (PIP) joints of the second and fourth toes, bilaterally.  This was the reason for his medical evacuation.



10.  The NARSUM further stated, "Physical examination on admission revealed a well developed, well nourished 19 year old Caucasian male in no distress.  Pertinent findings were confined to the feet which revealed hammer toes of the second and fourth toes bilaterally with callus formation overlying the PIP joints of these toes.  The rest of the physical examination was within normal limits [emphasis added].

11.  The applicant was honorably discharged on 23 July 1969.  He served a total of 11 months and 16 days of creditable service. 

12.  The applicant provided what appears to be an undated clipping from his hometown paper.  It states he was awarded the Army Commendation Medal for heroism "for keeping communications open while his company was being attacked" while assigned as a rifleman with Company C, 1st Battalion, 14th Infantry.  It further states he was also awarded the Combat Infantryman Badge and the Purple Heart.

13.  The applicant's other newspaper clippings appear to be 14th Infantry Regiment products detailing the regiment's exploits.  The DVA rating decisions relate to post-traumatic stress disorder (PTSD) as the basic reason for his being unable to hold jobs or maintain relationships.  The rating decisions state the applicant was in Vietnam from December 1968 through May 1969.

14.  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.  A single silver service star denotes five campaigns.

15.  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 September 1968 to 28 July 1969 by Department of the Army General Order Number 3, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by Department of the Army General Order Number 53, dated 1970.



16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  The regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

17.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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.  The Awards Branch of the US Army Human Resources Command, Alexandria, VA has advised in similar cases that, during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests all awards and decorations, but specifically the Army Commendation Medal with "V' Device, Purple Heart, and Combat Infantryman Badge.

2.  There are no orders in the applicant's service records, nor were any orders found in ADCARS, awarding the applicant the Army Commendation Medal with "V' Device, Purple Heart, and/or Combat Infantryman Badge.

3.  The applicant's medical records pertaining to his disability discharge do not point to any wound received during his short tenure in Vietnam.  His NARSUM states that except for his hammer toe condition "The rest of the physical examination was within normal limits."



4.  During his short tenure in Vietnam, the applicant served during one campaign and is authorized to wear one bronze service star on his already awarded Vietnam Service Medal.

5.  The applicant's unit, Company C, 1st Battalion, 14th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  All Soldiers assigned to the unit during the period of the awards, regardless of their duty assignment or tenure, are authorized to have these foreign unit awards added to their DD Forms 214.

6.  The applicant's DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16).  These badges should be added to his DD Form 214.

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 issuing him a DD Form 215 (Correction to DD Form 214) showing:

* the Vietnam Service Medal with bronze service star
* the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16)
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



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:

* Army Commendation Medal with "V" Device
* Purple Heart
* Combat Infantryman Badge




      _______ _   __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)                                         AR20090019140



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ABCMR Record of Proceedings (cont)                                         AR20090019140



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