IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100009980 


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

2.  The applicant states he was awarded the Purple Heart on 22 August 1969 for wounds received in action.  He held an infantry specialty from May 1969 to December 1969 and served in an infantry unit within the Americal Division.  He took a fragment wound to his hand and participated in the TET Offensive campaign as an infantry Soldier.  He did not transfer to a cook specialty until December 1969.  

3.  The applicant provides the following documents:

* DD Form 214, dated 11 December 1970
* General Orders Number 8399 and certificate, dated 25 August 1969, awarding him the Purple Heart
* Special Orders Number 32, dated 17 February 1969, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar
* DA Form 20 (Enlisted Qualification Record)

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 enlisted in the Regular Army for a period of 2 years on 23 December 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His records also show he served in the Republic of Vietnam from on or about 1 June 1969 to on or about 27 May 1970.  He was assigned as follows:

* He served as a rifleman from on or about 7 June 1969 to on or about 3 December 1969 with Company A, 4th Battalion, 3rd Infantry
* He served as a cook from on or about 3 December 1969 to on or about 27 May 1970 with C Battery, 3rd Battalion, 16th Artillery

4.  He was honorably released from active duty in the rank/grade of private first class (PFC)/E-3 on 11 December 1970 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

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

6.  Headquarters, Americal Division, General Orders Number 8399, dated 25 August 1969, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 22 August 1969.

7.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Headquarters, 2nd Basic Combat Training Brigade, U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 32, dated 17 February 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 

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

	a.  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 (Awards and Decorations) 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.

	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. 

	c.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam participation credit was awarded for the TET 69 Counteroffensive (23 February 1969 to 8 June 1969), Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969), Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970), and DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Headquarters, Department of the Army General Orders Number 42, dated 1972, awarded the 4th Battalion, 3rd Infantry, for service from 24 August 1969 to 31 December 1969 and the 3rd Battalion, 16th Artillery, for service from 31 March 1970 to 30 June 1970, the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam
Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds received in action on 22 August 1969 in Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he held an infantry MOS and was assigned to an infantry battalion when he was wounded with fragment wound to his hand in Vietnam.  This is accepted as sufficient to award him the Combat Infantryman Badge and correct his records to show it. 

3.  The evidence of record shows he served in Vietnam from on or about 1 June 1969 to on or about 27 May 1970.  Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his records to show this award.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in Vietnam; therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal.

5.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  General orders awarded his units of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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; and

	b.  adding to his DD Form 214 the Purple Heart, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      _________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)                                         AR20100009980



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ABCMR Record of Proceedings (cont)                                         AR20100009980



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