IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100007537


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 award of the Purple Heart (PH), Combat Infantryman Badge (CIB), and unspecified unit decorations for his service in Vietnam.

2.  The applicant states he served in Vietnam with Company A, 701st Support Division in a place called Di An.  His primary job was support, but he spent more time in the field than with his support unit.  He was in a battle in which more than 500 enemy were killed.  He was hit on his left finger by mortar shrapnel and a field medic removed the shrapnel and sutured the wound.  During this time period in Vietnam, everything was verbal, and his lieutenant colonel promised him the CIB and the PH.  He never received either one.

3.  The applicant provides a self-authored 1-page typewritten attachment.

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 Vietnam-era military records are not available for review.  His Official Military Personnel File (OMPF) for his post-Vietnam U.S. Army Reserve (USAR) service contains a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) covering his Army of the United States (AUS) service.  This document was used in review of his application.

3.  The applicant was inducted into the AUS for 2 years and he served on active duty from 19 November 1965 to 8 November 1967.  He was trained in and awarded military occupational specialty (MOS) 57E (Laundry Specialist).  He served in Vietnam for 6 months and 6 days and he was assigned to Company D, 701st Maintenance Battalion.  The exact dates of his Vietnam service are unknown.  However, on 8 November 1967, he was an overseas returnee, meaning he was immediately separated upon returning to the United States.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and 1 overseas service bar.

5.  During the processing of this case the Vietnam Casualty Roster was reviewed.  This roster contains a name identical to that of the applicant; however, the Service Number does not match the applicant's Service Number and the individual listed on the roster was wounded on 22 November 1967, after the applicant was honorably released from active duty (REFRAD).

6.  Army Regulation 600-8-22 (Military Awards) states the PH 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 by medical personnel, and the medical treatment must have been made a matter of official record.

7.  Army Regulation 600-8-22 states 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned, the 701st Maintenance Battalion, was twice cited for award of the Meritorious Unit Commendation for the period March - December 1966 by Department of the Army General Order (DAGO) 17, dated 1968 and for the period 1 July 1967 -
31 May 1968 by DAGO 73, dated 1968.  It also shows that the unit was awarded the Republic Vietnam Gallantry Cross with Palm Unit Citation for the period
12 July 1965 - 16 October 1968 by DAGO 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the PH, CIB, and any unit awards to which he is entitled.

2.  Regarding the PH, the applicant's records do not show and he has not provided evidence that he was wounded in action by the enemy, that his wound required medical treatment, and that the medical treatment was recorded in official records.  Therefore, he is not entitled to the PH or correction of his DD Form 214 to show the PH.

3.  Regarding the CIB, all Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the CIB.  The record clearly shows the applicant was a laundry specialist, not an infantryman.  Therefore, he is not entitled to the CIB or correction of his DD Form 214 to show the CIB.

4.  The applicant served on active duty from 19 November 1965 to 8 November 1967.  His actual dates of service in Vietnam are unknown; however, it is known he served 6 months and 6 days and was separated as an overseas returnee.  That being the case, he probably served in Vietnam from early May 1967 to on or about 8 November 1967.  That means he served with the 701st Maintenance 


Battalion when it was awarded the Meritorious Unit Commendation during the period 1 July 1967 to 31 May 1968, and the Republic Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 adding to item 24 of his DD Form 214 the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm 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 PH, CIB, and Meritorious Unit Commendation.



      _______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)                                         AR20100007537



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ABCMR Record of Proceedings (cont)                                         AR20100007537



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