IN THE CASE OF:	

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100000909 


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 records to show award of the Purple Heart and Army Commendation Medal with "V" Device.

2.  The applicant states he was awarded the two medals; however, they are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his Purple Heart award order in support of his request.

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 1966.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

	a.  item 29 (Qualification in Arms) he qualified Marksman with the M-16 rifle on 26 January 1967;

	b.  item 31 (Foreign Service) that he served in the Republic of Vietnam from 10 April through 23 December 1967;

	c.  item 38 (Record of Assignments) that he:

		(1)  served in duty MOS 11B1O as a rifleman while assigned to Company A, 1st Battalion, 27th Infantry, from 14 April 1967 through 9 December 1967 and

		(2)  was admitted as a patient and assigned to the Medical Holding Detachment, 249th General Hospital, Japan, on 10 December 1967;

	d.  item 39 (Campaigns) that he served in Vietnam during the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns;

	e.  item 40 (Wounds) that he sustained multiple fragment wounds to his right arm, right ankle, and left flank and shoulder on 12 November 1967; and

	f.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar.

4.  Headquarters, 25th Infantry Division, General Orders Number 3167, dated 7 August 1967, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 12 July 1967.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 3 October 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  At the time he had completed 2 years of net active service and 8 months and 13 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and Vietnam Service Medal.

6.  A review of The Adjutant General's Office Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty on 12 November 1967 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  In support of his application, the applicant provides a copy of Headquarters, 93rd Evacuation Hospital, General Orders Number 277, dated 13 November 1967, that awarded the applicant the Purple Heart for wounds received in military operations against a hostile force in Vietnam on 12 November 1967.

9.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

10.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  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 campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

11.  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 Company A, 1st Battalion, 27th Infantry, the regiment was awarded the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48 (1971) and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51 (1971).

12.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.

13.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and enlisted Soldiers 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 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart and Army Commendation Medal with "V" Device because he was awarded the two medals during his tour of duty in Vietnam.

2.  The evidence of record shows that:

	a.  general orders awarded the applicant the Purple Heart and the Army Commendation Medal with "V" Device,

	b.  general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,

	c.  the applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam, and

	d.  he qualified Marksman with the M-16 rifle.

	e.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards and decorations.

3.  There are no orders or other evidence that shows the applicant was awarded the Combat Infantryman Badge.  However, the evidence shows the applicant was awarded MOS 11B and he served in duty MOS 11B as a rifleman for nearly 8 months while assigned to Company A, 1st Battalion, 27th Infantry.  In addition, he was awarded the Army Commendation Medal with "V" Device for heroism in military operations against of hostile force in Vietnam on 12 July 1967.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to correct the applicant's records by awarding him the Combat Infantryman Badge and to show the badge on his DD Form 214.

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.  awarding the applicant the Combat Infantryman Badge for satisfactory performance of duty against an active hostile ground force in the Republic of Vietnam while assigned to Company A, 1st Battalion, 27th Infantry, during the period 14 April 1967 to 12 November 1967;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal with "V" Device, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat 


Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).



      _____________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)                                         AR20100000909



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings