IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100009823 


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 Combat Infantryman Badge and Purple Heart.

2.  The applicant states, in effect, that:

* he should have been awarded the Combat Infantryman Badge
* the Duty Officer's Log (DOL) for 5 December 1969 shows he was medically evacuated from the battlefield, but incorrectly lists his first name
* he should have been awarded the Purple Heart 

3.  The applicant provides:

* a self-authored statement
* 5 DOL's
* a roster of personnel assigned to Company D,1st Battalion, 8th Cavalry, Vietnam
* a unit history report
* several emails
* a statement of support
* two Department of Veterans Affairs (VA) rating decisions
* a VA letter stating the applicant's disability is wartime service-connected 
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)


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 record shows he enlisted in the Regular Army on 30 April 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  Records show the applicant served in the Republic of Vietnam (RVN) during the period 9 October 1969 through 31 December 1969.  During his Vietnam tour, he was assigned to Company D, 1st Battalion, 8th Cavalry, 1st Calvary Division, in MOS 11B.  The highest rank he attained while serving on active duty was specialist four/pay grade E-4.

4.  The applicant provided DOL's recorded on 15, 16, 17, and 20 November 1969 which indicates 1st platoon, Company D, engaged in firefights with enemy forces on these dates.  The DOL for 5 December 1969 shows Kelly Dxxxxx was medically evacuated from the battlefield.  The Company D roster provided by the applicant listed Leslie (a.k.a. Kelly) Dxxxxx as being assigned to 1st platoon.

5.  Records show the applicant was discharged on 29 December 1969, for immediate reenlistment and he reenlisted at Bien Hoa, RVN, on 30 December 1969, for MOS 63B (Wheel Vehicle Mechanic).  He departed the RVN on
31 December 1969 and was a patient at Letterman Army Hospital, CA during the period 1 January through 13 February 1970.

6.  The applicant's records contain DA Form 199 (Physical Evaluation Board Proceedings), dated 24 November 1972.  The DA Form 199 shows he was separated for disability involving his wrist and the disability resulted from injury received in the line of duty as a direct result of armed conflict during a period of war.

7.  The applicant's DD Form 214 does not show award of the Combat Infantryman Badge or the Purple Heart.  There are no orders in the applicant's service record for either award. 

8.  In the unit history report provided by the applicant, E.N. details the firefight that Company D, 1st Platoon was engaged in on 5 December 1969 and states that "(Kelly?) Leslie Dxxxxx was wounded during the firefight and medically evacuated."

9.  In his statement of support, Lieutenant P states that, although he was with 1st platoon only a short time, he did not remember the applicant as being assigned to the platoon.  However, he believes the applicant was assigned to 1st platoon in December 1969, because the applicant knew things which only someone assigned to the platoon would know. 

10.  The Vietnam Casualty List, a compilation of all casualties during the Vietnam War, does not show the applicant listed as a casualty.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges, and paragraph 8-6 contains guidance on award of the Combat Infantryman Badge.  It states, in pertinent part, that there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

12.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained 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.

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

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to 1st Battalion, 8th Cavalry, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General 

Order (DAGO) Number 11, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 42, dated 1972.

15.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal (VSM).  Furthermore, appendix B of Army Regulation 600-8-22 shows campaign participation credit was awarded for the Vietnam Summer-Fall 1969 campaign from 9 June 1969 to 31 October 1969 and the Vietnam Winter-Spring 1970 campaign from 1 November 1969 to 30 April 1970.  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Combat Infantryman Badge and the Purple Heart.  There is sufficient evidence to support this request.

2.  Records show the applicant was assigned to 1st platoon, Company D, 1st Battalion, 8th Cavalry, in the RVN in MOS 11B for the period 9 October through 31 December 1969.  DOLs for 15, 16, 17, and 20 November and 5 December 1969 provide evidence that 1st platoon engaged in firefights on these dates.  The unit roster lists Leslie (a.k.a. Kelly) Dxxxxx as being assigned to 1st platoon, Company D.  Therefore, there is sufficient evidence showing the applicant met the criteria for award of the Combat Infantryman Badge.

3.  Records show the applicant was medically evacuated for injuries sustained in ground combat while serving in Vietnam.  He was subsequently medically discharged for these injuries.  Therefore, the applicant is entitled to award of the Purple Heart.  

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to the unit.  Therefore, he is entitled to both awards.

5.  The applicant's records show he was awarded the VSM.  However, his 
DD Form 214 does not show any bronze service stars showing campaign credit.  His records indicate he participated in the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970 campaigns.  Therefore, his is entitled to 2 bronze service stars to be affixed to his previously-awarded VSM.




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 Combat Infantryman Badge;

	b.  awarding him the Purple Heart for wounds received on 5 December 1969; and

	c.  amending his DD Form 214 to add the Combat Infantryman Badge, the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show two bronze service stars to be affixed to the previously-awarded VSM.




      _______ _   __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)                                         AR20100009823



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)