BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20100000082 


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 the social security number (SSN) shown on General Orders Number 947, dated 7 October 1969, awarding him the Purple Heart be corrected.  He also requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Combat Infantryman Badge.

2.  The applicant states the SSN shown on General Orders Number 947 is incorrect and the Combat Infantryman Badge is missing from his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* General Orders Number 947
* Purple Heart Certificate

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 4 October 1967.  He completed training as an armor crewman (11E2O).  He was transferred to Europe on 16 March 1968 and he was assigned to Company B, 2nd Battalion, 68th Armor Division.

3.  Special Orders Number 242 were published on 22 August 1968 awarding him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

4.  He arrived in Vietnam on 4 February 1969 and was assigned to Battery E, 41st Artillery Division.

5.  While in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February 1969 through 8 June 1969
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June 1969 through 31 October 1969

6.  The applicant returned to the continental United States on 13 September 1969 and he was released from active duty as an overseas returnee.

7.  The DD Form 214 he was issued shows the followings awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

8.  On 7 October 1969, General Orders Number 947 were published awarding the applicant the Purple Heart for wounds sustained as a result of hostile action on 4 September 1969.  These orders contain the names of seven other Soldiers who were also awarded the Purple Heart for wounds sustained as a result of hostile action.  These orders show the applicant and another Soldier with the same SSN.

9.  A review of the interactive Personnel Electronic Records Management System and the U.S. Army Human Resources Command Integrated Web Services Soldier Management System shows the SSN listed in General Orders Number 947 as the applicant's SSN belongs to the other Soldier and not the applicant.

10.  A review of the documents contained in the applicant's official records shows he served under the same SSN as reflected on his DD Form 214 throughout his military career.

11.  The Vietnam casualty roster shows the applicant was wounded as a result of hostile action on 4 September 1969 and the SSN shown on the roster is the same SSN shown throughout his official military record.

12.  Army Regulation 600-8-22 (Military Awards) provides 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 U.S. Army Vietnam (USARV) Regulation 672-1 states 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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was awarded the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974
* Meritorious Unit Commendation for the period 1 April 1968 to 31 March 1969 based on DAGO Number 39, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 25 April 1967 to 31 October 1969 based on DAGO Number 18, dated 1979 (amended DAGO Number 53, dated 1970)

14.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded 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.  

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of General Orders Number 947 which resulted in the same SSN being reflected therein for the applicant and another Soldier.

2.  Based on the applicant's official records and the Vietnam casualty roster, the SSN shown in General Orders Number 947 should be corrected to reflect the SSN shown on his DD Form 214.

3.  He is not authorized the Combat Infantryman Badge as he does not meet the criteria contained in the applicable regulation.  He was not infantry; he was armor.  Therefore, it was properly not included on his DD Form 214.

4.  The applicant was awarded the Purple Heart for wounds received in action on 4 September 1969.  This award should be included on his DD Form 214.

5.  The applicant is also authorized:

* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Device (1960) to be affixed his already-awarded Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Action Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x______  ____x____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 his DD Form 214 the Vietnam Campaign Medal and the Vietnam Service Medal,

	b.  amending his DD Form 214 to add the following awards:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

	c.  amending General Orders Number 947, dated 7 October 1969, to show his SSN as reflected on his DD Form 214.

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 amending his DD Form 214 to add 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)                                         AR20100000082



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ABCMR Record of Proceedings (cont)                                         AR20100000082



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