IN THE CASE OF:	

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019160 


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 (Report of Transfer or Discharge) for the period ending 31 July 1966 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and the Purple Heart.

2.  The applicant states:

* he was assigned to Headquarters and Headquarters Troop (HHT), 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division from July 1965 to July 1966
* he was injured while on pass in Saigon in 1965 when he was attacked by a mob of people in the street
* while in Vietnam his base received fire, mortar attacks, and sniper fire
* he participated in convoy missions and provided support as a gunner on helicopter missions

3.  The applicant provides:

* a copy of a letter from a Counselor at the Miami Vet Center in Doral, FL
* an internet description of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* an internet history of the 9th Cavalry Regiment
* a copy of his DA Form 20 (Enlisted Qualification Record)


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 28 August 1961.  He was awarded military occupational specialty (MOS) 631.1668 (wheel vehicle mechanic).  On 27 August 1963, he was honorably discharged for immediate enlistment in the Regular Army.  He enlisted in the Regular Army on 28 August 1963 for a period of 3 years.  He arrived in Vietnam on 16 August 1965.  He served in MOS 63B (wheel vehicle mechanic) assigned to HHT, 
1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division in Vietnam from 
16 September 1965 through 30 July 1966.  On 31 July 1966, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 July 1966 shows the Army Good Conduct Medal, Vietnam Service Medal, National Defense Service Medal, one Overseas Service Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), and the Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) and Rifle (M-14) Bars.

4.  There are no orders for the Combat Infantryman Badge or the Purple Heart in the applicant’s service personnel records.  

5.  The applicant's DA Form 20 does not show entitlement to the Purple Heart.  Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not show the Purple Heart as an authorized award.  The applicant's name also does not appear on the Vietnam Casualty Roster.


6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart or the Combat Infantryman Badge pertaining to the applicant.

7.  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.  Paragraph 6d states that Department of the Army General Orders (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.

8.  Department of the Army Pamphlet 672-3 also shows while assigned to
1st Squadron, 9th Cavalry Regiment the unit was cited for award of the Presidential Unit Citation for the period 23 October - 26 November 1965 by DAGO 40, dated 1967.

9.  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 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 U.S. Army Vietnam Regulation 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 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 following three campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967)

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

13.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214 for the period ending 31 July 1966.

2.  The applicant's contentions that his base in Vietnam received fire, mortar attacks, and sniper fire; he participated in convoy missions; and he provided support as a gunner on helicopter missions were noted.  However, there are no orders for the Combat Infantryman Badge in the available records.  Evidence of record shows he served as a wheel vehicle mechanic assigned to HHT, 1st Squadron, 9th Cavalry, 1st Cavalry Division during his assignment in Vietnam.  There is no evidence of record which shows the applicant held an infantry MOS and served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge.

3.  The applicant contends he is entitled to the Purple Heart because he was injured while on pass in Saigon in 1965 when he was attacked by a mob of people in the street.  However, there are no orders for the Purple Heart and there is no evidence of record which shows the applicant was wounded as a result of hostile action in Vietnam.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart.

4.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 31 July 1966 should be corrected to show this award.

5.  The applicant's unit was cited for award of the Presidential Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 31 July 1966 should be corrected to show this unit award.

6.  The applicant's DD Form 214 reflects the award of one Overseas Service Bar; however, based on his service in Vietnam, he is entitled to two Overseas Service Bars.  Therefore, his DD Form 214 should be corrected accordingly.

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:

   a.  deleting from item 26 of his DD Form 214 for the period ending 31 July 1966 the Vietnam Service Medal and one Overseas Service Bar; and
   
   b.  adding to item 26 of his DD Form 214 for the period ending 31 July 1966 the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, and two Overseas Service Bars.
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 Purple Heart and the 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)                                         AR20090019160



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ABCMR Record of Proceedings (cont)                                         AR20090019160



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