IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100015068
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 records to show the Purple Heart and the Combat Infantryman Badge.
2. The applicant states there are no entries in his records showing the awards.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge) and a Purple Heart Certificate.
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 applicants 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 applicants 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 military records are not available for review by the Board. This case is being considered primarily using the DD Form 214 that was provided by the applicant.
3. His DD Form 214 shows he enlisted in the Regular Army on 15 September 1967 and he was awarded military occupational specialty (MOS) 54D (Chemical Equipment Repairer). He was released from active duty on 14 September 1970.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, and the Vietnam Campaign Medal with Device 1960.
5. During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System which is a web-based index containing general orders issued during the Vietnam Era between 1965 and 1973. No orders pertaining to the applicant were found.
6. There are no orders or any other documentation available that confirms the applicant was awarded the Purple Heart or the Combat Infantryman Badge.
7. He provided a Purple Heart Certificate that indicates he was awarded the Purple Heart for wounds received in action on 21 September 1968 while in the Republic of Vietnam.
8. His name is listed on the Vietnam War casualty roster as being wounded as a result of hostile action on 21 September 1968.
9. Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.
10. 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 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.
11. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show the Purple Heart and the Combat Infantryman Badge has been carefully reviewed.
2. His name is listed on the Vietnam War casualty roster as being wounded as a result of hostile action on 21 September 1968. Therefore, he is entitled to award of the Purple Heart.
3. Based on his service in the Republic of Vietnam, he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his records to show this unit award.
4. The Combat Infantryman Badge is awarded to infantry Soldiers who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. The available evidence shows he did not hold an infantry MOS. Therefore, he did not qualify for award of the Combat Infantryman Badge and this portion of his request should be denied.
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 Purple Heart 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 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.
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ABCMR Record of Proceedings (cont) AR20100015068
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