IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20100000430 


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) for the period ending 12 January 1970 to show:

* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)

2.  The applicant states the above awards were omitted from his DD Form 214 when he separated from the service.

3.  The applicant provides a copy of his DD Form 214.

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 11 April 1968 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, Student Brigade, U.S. Army Infantry School, Special Orders Number 303, dated 12 December 1968, show that the applicant was awarded the Parachutist Badge.

4.  The applicant arrived in Vietnam and was assigned to Company D, 4th Battalion, 503rd Infantry, 173rd Infantry Division, on 20 April 1969 where he performed duties as a squad leader.  On 3 May 1969, he was reassigned to Company B, 1st Battalion, 12th Infantry, 4th Infantry Division, where he performed duties as squad leader.

5.  On 31 May 1969, the applicant sustained wounds as a result of hostile action. 
On 7 June 1969, he departed Vietnam and was evacuated to the Medical Holding Company, 249th General Hospital, Japan, after being credited with participating in one campaign.

6.  On 2 July 1969, the applicant arrived in Korea and was assigned to Company A, 1st Battalion, 32nd Infantry, 7th Infantry Division.

7.  The applicant was honorably released from active duty on 12 January 1970 after completing 1 year, 9 months, and 2 days of creditable active service.

8.  The applicant's DD Form 214 for the period ending 12 January 1970 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal 
* Armed Forces Expeditionary Medal
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar

9.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant received wounds to his neck, right arm, and left leg on 31 May 1969.  Item 41 (Awards and Decorations) does not show award of the Combat Infantryman Badge or the Republic of Vietnam Campaign Medal with Device (1960).

11.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

12.  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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 1st Battalion, 12th Infantry, it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period October 1966 through 28 July 1969 based on Department of the Army General Orders 3, dated 1970
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 1 October 1966 through 31 October 1969 by Department of the Army General Orders 53, dated 1970

14.  Department of the Army Pamphlet 672-3 also shows the 7th Infantry Division was awarded the Republic of Korea Presidential Unit Citation for the period 17 September 1950 through 27 March 1971 by Department of the Army General Orders 50, dated 1971.

15.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

16.  Army Regulation 600-8-22 provides for award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded a Purple Heart for wounds he received as a result of hostile action while assigned to the 1st Battalion, 12th Infantry, 4th Infantry Division, while serving as an infantryman (i.e., squad leader).  It appears he is therefore eligible for award of the Combat Infantryman Badge and it should be added to his DD Form 214.

2.  The evidence shows the applicant was awarded the Vietnam Service Medal and that he was evacuated from Vietnam prior to completing 6 months of service due to receiving wounds as a result of hostile action.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

3.  The evidence shows the applicant was awarded the Parachutist Badge.  His DD Form 214 should be amended to show award of the badge.

4.  The applicant was assigned to units during a period of time these units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The evidence shows the applicant served with 1st Battalion, 32nd Infantry, 7th Infantry Division, in Korea.  He met the eligibility criteria for award of the Korea Defense Service Medal.  His participation in one campaign makes him eligible to wear one bronze service star on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

BOARD VOTE:

___X_____  ___X___  ____X__ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 amending item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to add:

* Combat Infantryman Badge
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Korea Presidential Unit Citation
* Korea Defense Service Medal
* one bronze service star for wear on his already-awarded Vietnam 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)                                         AR20100000430



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)