IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100018929 


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
* Good Conduct Medal
* Presidential Unit Citation
* Combat Infantryman Badge

2.  He states, in effect, that although he received the aforementioned awards, they were not entered on his DD Form 214 at the time of his discharge.

3.  He provides copies of no additional evidence.

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 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.  His record shows he was inducted into the Army of the United States and entered active duty on 14 October 1966.  Upon completion of entry level training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was specialist four/pay grade E-4.  On 20 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 2 April 1967 through 28 March 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the RVN, he served as an 11B Rifleman with Company B, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division from 24 April through     14 September 1967 and Company D from 14 September 1967 through 26 March 1968.  

5.  Item 40 (Wounds) of his DA Form 20 shows he sustained a gunshot wound to the head on 12 November 1967.

6.  His record contains Special Orders Number 336 issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, MO, on 2 December 1966, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14] on 26 November 1966.

7.  His record contains Special Orders Number 022 issued by Headquarters, Fort Polk, LA, on 24 January 1967, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-16] on 20 January 1967.

8.  His record contains Special Orders Number 041 issued by Headquarters, Fort Polk, LA, on 13 February 1967, which show he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar [M-60] on 20 January 1967.

9.  His record contains General Order Number 103 issued by Headquarters, 91st Evacuation Hospital (Semi-Mobile) on 13 November 1967, which shows he was awarded the Purple Heart for a wound received in action while serving in the Republic of Vietnam on 11 November 1967.  This order also shows he was 

assigned to Company D, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division at the time.

10.  His record contains General Orders Number 258 issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, CO, on 5 September 1968, which show he was awarded the Good Conduct Medal for exemplary behavior, efficiency and fidelity for the period 14 October 1966 to 20 August 1968.

11.  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 one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960).  

12.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 331 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the:

* Presidential Unit Citation for action during the period 18 - 26 May 1967, by Department of the Army General Order (DAGO) Number 69, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period October 1966 - July 1969, by DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for action during the period 1 October 1966 - 31 October 1969, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  In view of the applicant's award of the Purple Heart, it appears he participated in active ground combat while assigned to a qualifying unit of brigade, regimental, or smaller size, while serving in a qualifying MOS in the RVN.  He states he has received the CIB; therefore, he is entitled to have it added to his DD Form 214.

2.  General orders awarded him the Good Conduct Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Special orders awarded him the following marksmanship qualification badges.
Therefore, he is entitled to have them shown on his DD Form 214:

* Marksman Marksmanship Qualification Badge with Rifle Bar [M-14]
* Marksman Marksmanship Qualification Badge with Rifle Bar [M-16]
* Expert Marksmanship Qualification Badge with Machinegun Bar [M-60]

4.  DAGOs awarded his unit the following awards for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards:

* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  Records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

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

	b.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Good Conduct Medal
* Combat Infantryman Badge
* Vietnam Service Medal with 3 bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bars [M-14] and [M-16]
* Expert Marksmanship Qualification Badge with Machinegun Bar [M-60]

	c.  providing him a document to show these changes.



      _______ _ 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)                                         AR20100018929





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ABCMR Record of Proceedings (cont)                                         AR20100018929



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