IN THE CASE OF:	  

		BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100001028 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Purple Heart, Combat Infantryman Badge, and Vietnam Service Medal.

2.  The applicant states, in effect, the awards were left off due to a clerical error.

3.  The applicant did not provide any additional documentary evidence.

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's records show he was inducted into the Army of the United States on 10 October 1967 and was trained in and held military occupational specialties (MOS) 11B (Light Weapons Infantryman).

3.  His records also show he served in the Republic of Vietnam in Company B, 2nd Battalion, 502nd Infantry, 101st Airborne Division from on or about 9 April 1968 to an unknown date.  His records contain conflicting information regarding the date he departed Vietnam:

	a.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 9 April 1968 to on or about 21 August 1968 and in Okinawa from on or about 22 August 1968 to on or about 2 October 1969.

	b.  On 7 August 1968, while assigned to the Patient Casual Detachment, Camp Zama, Japan, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for violating a general regulation on 6 August 1968.  His punishment consisted of a reduction to private/E-2, a forfeiture of pay, and restriction and extra duty.

	c.  Item 38 (Record of Assignment) of his DA Form 20 shows he departed Vietnam on or about 22 August 1968 and he was reassigned to Headquarters, U.S. Army Ryukyu Islands on 27 August 1968 and was subsequently awarded MOS's 70A and 71L (Administrative Specialist) on 4 March 1969 and on 15 September 1969, respectively.

4.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 3 October 1969 and he was separated and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and the Army Good Conduct Medal.

6.  Item 40 (Wounds) of his DA Form 20 shows he suffered a fragment wound to his right thigh on 27 May 1968 and suffered a recurrent dislocation of his right shoulder.

7.  His name is shown on the Vietnam casualty roster under code "23" indicating he was wounded in action (it is unclear how he was wounded).  The date of his injury is listed as 30 May 1968.

8.  His records do not contain general orders which authorized him award of the Purple Heart or the Combat Infantryman Badge.

9.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart or Combat Infantryman Badge orders on file for him.

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.

	b.  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 (Decorations and Awards) 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.

11.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 also provides for the following awards:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) 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 Vietnam Campaign Medal.

13.  Appendix B of Army Regulation 600-8-22 shows he participated in at least two campaigns during his tour of duty in the Republic of Vietnam:  Tet Counteroffensive (30 January 1968 to 1 April 1968) and Vietnam Counteroffensive  Phase IV (2 April 1968 to 30 June 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the 2nd Battalion, 502nd Infantry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (18 March 1968 to 2 May 1970), based on DAGO Number 48, dated 1971.

15.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 291, dated 2 December 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

16.  Headquarters, U.S. Army Training Center and Fort Polk, Fort Polk, LA, published the following orders:

	a.  Special Orders Number 27, dated 31 January 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and

	b.  Special Orders Number 39, dated 14 February 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show awards of the Purple Heart, Combat Infantryman Badge, and Vietnam Service Medal.

2.  The evidence of record shows the applicant sustained a fragment wound to his right thigh on 27 May 1968 in Vietnam and appears to have been evacuated to Japan subsequent to this injury.  His injury is further confirmed with his name being listed on the Vietnam casualty roster albeit with a slightly different date.  Nevertheless, this should entitle him to award of the Purple Heart and correction of his records to show it.

3.  The evidence of record shows he served in Vietnam from 9 April 1968 to at least 27 May 1968 (the date he was injured).  This service should qualify him for award of the Vietnam Service Medal.  Additionally, he participated in at least two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal and correction of his records as such.

4.  The evidence of record shows he applicant served in Vietnam from 9 April 1968 to at least 27 May 1968 when he was wounded and evacuated to Japan.  This service should also qualify him for award the Republic of Vietnam Campaign Medal with Device (1960) and correction of his records to show it.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  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 which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

7.  With respect to the Combat Infantryman Badge:

	a.  His infantry MOS and/or his service in Vietnam with an infantry unit are not in question; however, there is insufficient evidence in the available records and he did not submit substantiating evidence that shows he was awarded the Combat Infantryman Badge or that he was an active participant in ground combat while assigned to an infantry unit.

	b.  Although he was wounded in action, it is unclear if he suffered this wound while being an active participant in ground combat while assigned to an infantry unit during the unit engaging the enemy.

	c.  In the absence of the circumstances of his combat injury, official orders, or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.


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.  awarding him the Purple Heart for wounds received in action on 27 May 1968 in Vietnam; and

	b.  adding to his DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 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 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)                                         AR20100001028



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ABCMR Record of Proceedings (cont)                                         AR20100001028



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