IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100028367 


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 the Purple Heart and to show the "V" (heroism) device on his already-awarded Bronze Star Medal.

2.  The applicant states the awards were not properly recorded on his DD Form 214.

3.  The applicant provides a DD Form 214, orders for the Bronze Star Medal with "V" Device, and Purple Heart and Bronze Star Medal Certificates.

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 on 18 March 1968.  Upon completion of initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 29 August 1968 to 20 October 1969;

	b.  Item 38 (Record of Assignments) he was assigned to Company C, 4th Battalion, 9th Infantry, 25th Infantry Division from 8 September 1968 to 22 March 1969 and to Detachment Number 1, 25th Infantry Division from 23 March to      17 October 1969;

	c.  Item 38 also shows he received "excellent" conduct and efficiency ratings during most of his active duty assignments.  He received conduct and efficiency ratings of unknown during advanced individual training (AIT).

4.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.

5.  Headquarters, 12th Evacuation Hospital General Orders Number 258, dated 
4 November 1968, awarded him the Purple Heart for wounds received on 
2 November 1968.

6.  Headquarters, 25th Infantry Division General Orders Number 2391, dated 
1 March 1969, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 26 January 1969.

7.  His OMPF contains the following special orders:

	a.  Orders Number 90, dated 8 May 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14);

	b.  Orders Number 138, dated 15 July 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar; and

	c.  Orders Number 142, dated 22 July 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

8.  On 21 October 1969, he was honorably released from active duty in the rank of specialist four/E-4 after completing 1 year, 7 months, and 4 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Vietnam Service Medal

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

11.  Army Regulation 600-8-22, paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  Appendix B of this regulation shows the campaigns for the RVN.  During his tour in the RVN, he participated in four campaigns:

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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows that during his assignment to the 4th Battalion, 9th Infantry, it was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 - 30 September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 - 21 January 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart and to show the "V" device on his Bronze Star Medal has been carefully reviewed.

2.  General orders awarded him the Purple Heart and the Bronze Star Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He held an infantry MOS and was awarded the Bronze Star Medal for heroism in connection with military operations against a hostile force while assigned to an infantry unit and performing infantry duties.  Therefore, he met the criteria for award of the Combat Infantryman Badge.  This award should be added to his DD Form 214.

4.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at most of his active duty assignments and his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.  He received conduct and efficiency ratings of "unknown" during AIT.  The governing regulation at the time provided that ratings of "unknown" for portions of the period under consideration were not disqualifying.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 18 March 1968 through 21 October 1969 and to add this award to his DD Form 214.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun and Automatic Rifle Bars.  These badges should be added to his DD Form 214.

6.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while in the RVN; therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect these awards.

7.  Based on his service with the 4th Battalion, 9th Infantry while in the RVN, he is also entitled to correction of his DD Form 214 to show the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

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.  awarding him the Combat Infantryman Badge;

	b.  awarding him the first award of Army Good Conduct Medal for his period of honorable active duty service from 18 March 1968 through 21 October 1969;

	c.  deleting from item 24 of his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal; and 

	d.  adding to item 24 of his DD Form 214 the Purple Heart, Bronze Star Medal with "V" Device, Combat Infantryman Badge, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _______ _   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)                                         AR20100028367



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ABCMR Record of Proceedings (cont)                                         AR20100028367



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