IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100015440 


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 all of the awards he was issued to include the Combat Infantryman Badge.

2.  The applicant states he was never issued the medals and awards listed on his original DD Form 214.  

3.  He provides:

* DD Form 214
* Letter from the National Personnel Records Center (NPRC)

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 submitted a letter, dated 23 December 2002, from the NPRC that lists the following awards:

* Silver Star
* Bronze Star Medal
* Purple Heart (1st Oak Leaf Cluster)
* Air Medal
* Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Marksman Marksmanship Qualification Badge with Rifle Bar

3.  His records show he was inducted into the Army of the United States on 23 January 1968.  He completed training and he was awarded military occupational specialty (MOS) 13A (Cannoneer).  

4.  He served in Vietnam from 20 October 1968 through 10 October 1969 and was assigned to Battery C, 8th Battalion, 6th Artillery, 1st Infantry Division.  He served during the following four campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

5.  He was honorably released from active duty in pay grade E-4 on 19 October 1969 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completion of 1 year, 8 months, and 27 days of net active service with no lost time.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Air Medal

7.  Special Orders Number 73, issued by Headquarters, U.S. Army Training Center, on 13 March 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  General Orders Number 227, issued by Headquarters, 24th Evacuation Hospital, on 2 November 1968, awarded him the Purple Heart for injuries received as a result of hostile action in Vietnam on 1 November 1968. 

9.  General Orders Number 13078, issued by Headquarters, 1st Infantry Division, on 12 December 1968, awarded him the Silver Star for gallantry in action while engaged in military operations involving conflict with an armed hostile force in Vietnam on 1 November 1968.  The orders stated the applicant, while serving as a Cannoneer with his battery, was subjected to intense hostile rocket and mortar fire, as well as fierce ground assault.

10.  General Orders Number 11147, issued by Headquarters, 1st Infantry Division, on 22 September 1969, awarded him the Army Commendation Medal for meritorious service in Vietnam from October 1968 to September 1969.

11.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "fragment wound (S) legs and right wrist on 1 November 1968.  Item 40 contains no other entry.

12.  Item 41 (Awards and Decorations) of his DA Form 20 shows the Purple Heart (1st Oak Leaf Cluster), General Orders 227, Headquarters, 1st Infantry Division, issued on 2 November 1968.  Item 41 does not list the Combat Infantryman Badge; however, a deleted Bronze Star Medal is listed.

13.  There are no orders in his military personnel records that show he was awarded the Combat Infantryman Badge, Bronze Star Medal, and Purple Heart with 1st Oak Leaf Cluster.   

14.  The Vietnam Casualty Roster shows he was wounded on 1 November 1968. The roster does not show he was wounded on any other dates.

15.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders were published authorizing award of the Combat Infantryman Badge, Bronze Star Medal, and Purple Heart with 1st Oak Leaf Cluster.


16.  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 Republic of Vietnam Regulation 672-1 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 Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	c.  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 military personnel, and the medical treatment must have been made a matter of official record.  A Purple Heart is authorized for the first wound suffered under the above conditions, but for each subsequent award an oak leaf cluster will be awarded.

17.  Army Regulation 600-8-22, paragraph 2-13, states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  

18.  Department of the Army General Order Number 8, dated in 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the his assignment to the 8th Battalion, 6th Artillery, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from October 1965 - 7 April 1970, by Department of the Army General Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all the awards he was issued.  The evidence of record confirms he was awarded the Purple Heart, Silver Star, and Army Commendation Medal, and these awards are not listed on his DD Form 214.  Therefore, he is entitled to correction to his
DD Form 214 to list these awards.
2.  The evidence confirms he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  The evidence also confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is also entitled to correction to his DD Form 214 to show the qualification badge and award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  General orders further entitled him 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.  Therefore, it would also be appropriate to correct his records to show these unit awards.

4.  He also contends his DD Form 214 should be corrected to show the Combat Infantryman Badge.  However, to be entitled to award of the Combat Infantryman Badge, the evidence must show an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.  The evidence shows he completed training and he was awarded MOS 13A.  There is no evidence he was awarded and served in an infantry MOS during his period in Vietnam or active duty service.  Therefore, he is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  The letter he provided is not sufficient for correction to his DD Form 214 to show award of the Purple Heart with 1st Oak Leaf Cluster.  Notwithstanding, the award of a Purple Heart with 1st Oak Leaf Cluster shown in Item 41 of his DD Form 20, the evidence of record contains no orders or other documents confirming he was wounded or injured a second time as a result of his participation in direct or indirect combat operations or authorizing a second award of the Purple Heart while serving in Vietnam.  The evidence of record only shows he was wounded by hostile action in Vietnam on 1 November 1968.  Therefore, absent corroborating evidence confirming he was again wounded as a result of hostile action (medical documentation, chain of command supporting letters, etc.), the regulatory burden of proof necessary to support award of the Purple Heart with 1st Oak Leaf Cluster has not been satisfied in this case.

6.  The letter he provided is also not sufficient for correction to his DD Form 214 to show award of the Bronze Star Medal.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Bronze Star Medal.  His DA Form 20 contains an entry showing he had been awarded the Bronze Star Medal, but the entry was deleted.  Since he was awarded the Silver Star, that entry indicates the Bronze Star Medal may have been an interim award that was revoked upon approval of award of the Silver Star.  Therefore, there is no basis for adding this medal to his DD Form 214.
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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  adding to item 24 of his DD Form 214 the Purple Heart, Silver Star, Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citations, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 

	c.  providing him a document to show the above changes; and

	d.  issuing or reissuing him the foregoing medals to include the awards shown on his DD Form 214.

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 award of the Combat Infantryman Badge, Bronze Star Medal, and Purple Heart with 1st Oak Leaf Cluster, and addition of these awards to the DD Form 214.



      _______ _   __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)                                         AR20100015440



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ABCMR Record of Proceedings (cont)                                         AR20100015440


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