IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022155 


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) for the period ending 7 August 1968 to show award of the Purple Heart and the Combat Infantryman Badge (CIB).

2.  He states, in effect, that he was awarded the Purple Heart; however, this award was omitted from his DD Form 214.  In addition, he served as a combat infantryman and the CIB should be added to his DD Form 214.

3.  He provides:

* a DD Form 214
* a Purple Heart certificate
* a memorandum from the National Personnel Records Center (NPRC), St. Louis, MO 
* a Standard Form 180 (Request Pertaining to Military Records)
* a memorandum from the Dane County, WI Veterans Service Office
* a memorandum from the U.S. Army Human Resources Command (USAHRC), Alexandria, VA
* Permanent Order 340-04, issued by USAHRC, dated 6 December 2007

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 was inducted into the Army of the United States on 6 October 1966 and he successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  He arrived in the Republic of Vietnam (RVN) with Company A, 1st Battalion, 52nd Infantry, 198th Infantry Brigade on 6 October 1967 as a member of a unit permanent change of station move.  He performed duties as a grenadier in MOS 11B.

4.  He provided a Purple Heart certificate, dated 9 December 1967, that shows he was awarded the Purple Heart for wounds he received in action on 
8 December 1967.

5.  On 20 December 1967, he departed the RVN and he was assigned to Medical Holding Company, 106th General Hospital, Japan.  On 8 January 1968, he was assigned to Medical Holding Company, Fitzsimons General Hospital, CO.

6.  On 7 October 1968, he was honorably released from active duty after completing 2 years of creditable active service with 2 days of time lost from
3-4 September 1968.

7.  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
* 
RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  Item 41 (Awards and Decorations) of his DA Form 20 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2nd Class Gunner [Marksman] Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksman Qualification Badge with Grenade Bar (M-79)

9.  Permanent Orders 340-34, issued by USAHRC, dated 6 December 2007, shows he was awarded the Purple Heart for wounds received in action on
8 December 1967.  This order further states "This Permanent Order superseded any previously issued order that might have been published announcing this award."

10.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the CIB.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

12.  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 the RVN he participated in the Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968).  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was issued orders awarding him the Purple Heart in December 2007 that superseded any previously issued order for wounds he received by hostile forces on 8 December 1967.  Therefore, his
DD Form 214 should be corrected to show this award.

2.  Records show he was wounded as a result of hostile action while assigned to A Company, 1st Battalion, 52nd Infantry, 198th Infantry Brigade, serving as a grenadier in an infantry MOS duty position.  It is presumed he met the eligibility criteria for award of the CIB.  Therefore, his DD Form 214 should be corrected to show the CIB.

3.  The applicant participated in one campaign phase while serving in the RVN.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

4.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his service in the RVN.  Therefore, His DD Form 214 should be corrected to show this award.

5.  Evidence shows the applicant qualified with the following weapons.  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.

* Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksman Qualification Badge with Grenade Bar (M-79)

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

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

* Purple Heart
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksman Qualification Badge with Grenade Bar (M-79)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
	(M-60)




      ___________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)                                         AR20100022155



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ABCMR Record of Proceedings (cont)                                         AR20100022155



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