BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100009082 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states he already has the Purple Heart but he recently learned that it was not listed on his DD Form 214.  His Combat Infantryman Badge is also not listed.

3.  The applicant provides copies of his Purple Heart Certificate, Honorable Discharge Certificate, 27 December 2001 Department of Veterans Affairs (VA) benefit statement, a Walter Reed Army Hospital identification card, a VA identification card and 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 and entered active duty on 3 November 1966.  He completed training as an infantryman, qualified as a sharpshooter with the automatic rifle, and was awarded military occupational specialty (MOS) 11B.

3.  He arrived in Vietnam on 10 April 1967 and he was assigned to B Company, 1st Battalion, 35th Infantry on 25 April 1967.  

4.  The applicant was wounded by a booby trap while on an operation on 15 October 1967.  He was medically evacuated to Japan on 7 November 1967 and then on to the United States.  

5.  4th Infantry Division General Orders number 3799, dated 7 November 1967, awarded him the Purple Heart for the wounds sustained on 15 October 1967.

6.  Army Training Center and Fort Dix, New Jersey Special Orders Number 117, dated 14 June 1968, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar.  On 5 January 1968, he was promoted to sergeant, pay grade E-5.

7.  His DA Form 20 (Enlisted Personnel Record) shows in:

	a.  item 38 (Record of Assignments) that his conduct and efficiency ratings were all "excellent";

	b.  item 39 (Campaigns) that he served in the Vietnam Counteroffensive campaign; and

   c.  item 42 (Awards and Decorations) that his authorized awards were the National Defense Service Medal, Republic of Vietnam Campaign Medal [with Device (1960)], Vietnam Service Medal, Overseas Service Bar, Purple Heart, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  The applicant was released from active duty on 30 October 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) in the rank of sergeant.  Block 24 of his DD Form 214 lists his authorized awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal [with Device (1960)] Vietnam Service Medal, and one Overseas Service Bar.

9.  The applicant appears to be authorized or eligible for other awards that are not reflected in his record.  The following information applies:

	a.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

   b.  Army Regulation 600-8-22 (Military Awards) states 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's tour of duty coincided with the Vietnamese Counteroffensive Phase II, 1 July 1966 - 31 May 1967 and Vietnamese Counteroffensive Phase III, 1 June 1967 - 29 January 1968.

   c.  Army Regulation 600-8-22 also provides 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.

   d.  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 pamphlet shows 1st Battalion, 35th Infantry, was cited for award of the Valorous Unit Award for the period 22 April- 20 August 1967 by Department of the Army General Order (DAGO) Number 43 of 1972; and the 
Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods January 1966 to 1 August 1967 and 2 August 1967 to 28 July 1968 by DAGO   38 of 1970 [uniform regulations specify that only one may be worn]; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by DAGO 53 of 1970.



DISCUSSION AND CONCLUSIONS:

1.  The applicant states he has the Purple Heart but he recently learned it is not listed on his DD Form 214.  His Combat Infantryman Badge is also not listed.

2.  The applicant was wounded as a result of enemy action and he was awarded the Purple Heart.  The applicant's DD Form 214 should be corrected to show this award.

3.  The applicant distinguished himself by his "excellent" conduct and efficiency ratings, offense free record, combat service, and promotion to pay grade E-5.  While there is no recommendation for award of the Good Conduct Medal, his record is sufficiently meritorious that it should be awarded at this time and his 
DD Form 214 should be corrected to show this medal.

4.  The applicant held a qualifying MOS, and he was wounded by enemy action while on a combat operation with an infantry unit.  He indicates he was awarded the Combat Infantryman Badge.  The evidence is sufficient to support correction of his DD Form 214 to show this badge. 

5.  The applicant served during two designated campaign periods and he is authorized two corresponding bronze service stars for wear on the Vietnam Service Medal.  His DD Form 214 should be corrected to show these awards.

6.  The applicant's service coincided with periods for which his unit was awarded the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards should be added to his DD Form 214

7.  He qualified for the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar.  These awards should also be added to 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 him the Good Conduct Medal (1st award) for the period              3 November 1966 through 30 October 1968; and 

   b.  showing that, in addition to the awards already shown on his DD Form  214, his authorized awards also include the Purple Heart, Good Conduct Medal, two bronze service stars for wear on the Vietnam Service Medal, Combat Infantryman Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (Second Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.




      _______ _  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)                                         AR20100009082



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)