IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100015378 


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, in effect, reconsideration of his original request for award of the Purple Heart.  As a new issue, he also requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge.

2.  The applicant states he has found additional records that may assist in showing he is authorized the Purple Heart for wounds received in Vietnam the 1st week of March 1969.  He states he was wounded in Vietnam and treated at a Mash Unit at Kontum (4th Division out of Pleiku).  He returned to the field after being at the Mash Unit 3 or 4 days.  He served in Vietnam another 3 or 4 weeks and then he was transferred to Korea.  He finished his tour in Korea and he was discharged from there.  He also states his DD Form 214 does not reflect the Combat Infantryman Badge that was issued by Headquarters, 4th Infantry Division, on 31 March 1969.  

3.  He again provides:

* Special Orders Number 22, 101, 93, 056, 064, and 71
* Clothing list
* DD Form 214
* 2009 Record of Proceedings




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.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090002367, on 7 July 2009.

3.  The documents the applicant submitted were previously considered in his previous request for award of the Purple Heart.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15a governs requests for reconsideration.  This provision of regulation allows an applicant to request reconsideration of an earlier decision of the ABCMR if the request is received within one year of the original decision and it has not previously been reconsidered.  Such requests must provide new evidence or argument that was not considered at the time of the ABCMR's prior consideration.  Based on a review of those documents, it was determined the applicant did not provide new evidence and/or argument with this request for award of the Purple Heart.  As a result, the request for award of the Purple Heart will not be discussed further in this Record of Proceedings.

4.  The new issue will be considered by the Board with the evidence provided.

5.  The applicant's military records show he was inducted into the Army of the United States on 9 August 1968.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

6.  Special Orders Number 101, dated 11 April 1969, show he was assigned to Headquarters, 4th Infantry Division, Vietnam, on 23 April 1969 and Special Orders Number 056 show he was reassigned to the Separation Transfer Station, Fort Lewis, WA, on 2 March 1970.  However, Special Orders Number 064 amended Orders 056 to show a reporting date of 12 March 1970.  
7.  He was honorably released from active duty on 12 March 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with 1 year, 7 months, and 4 days of net active service and 10 months and 20 days of foreign service.  His exact dates of service in Vietnam and Korea are unclear.

8.  Special Orders Number 90, issued by Headquarters, 4th Infantry Division, on 31 March 1969, awarded him the Combat Infantryman Badge.  These orders show he was assigned to Company A, 2nd Battalion, 8th Infantry.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following award:  the National Defense Service Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation credit Register) shows his unit, 2nd Battalion, 8th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from October 1966 - 28 July 1969, based on Department of the Army General Orders Number 52, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 October 1966 - 31 October 1969, based on Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.  The evidence shows he was awarded the Combat Infantryman Badge on 31 March 1969 and this award is not listed on his DD Form 214.  Therefore, he is entitled to correction to his DD Form 214 to list this award.

2.  General orders also show he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for his assignment with the 2nd Battalion, 8th Infantry.  

3.  In view of the foregoing, his records should be corrected as recommended below.





BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

In regard to his new request to add the Combat Infantryman Badge to his DD Form 214, 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.  adding to item 24 of the applicant’s DD Form 214 the following awards:  the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

   b.  providing him a document that shows the above corrections.



      _______ _   _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)                                         AR20100015378



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ABCMR Record of Proceedings (cont)                                         AR20100015378



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