IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100030237 


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, correction of his record to show he was awarded the Purple Heart.   

2.  He states, in effect, his middle initial and social security number are incorrect on the orders awarding him the Purple Heart.  

3.  He provides a self-authored statement, two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), general orders pertaining to award of the Purple Heart and Bronze Star Medal (BSM), a BSM Certificate, his social security card, a commercial driver's license, and his Certificate of Birth.

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 enlisted in the Regular Army on 28 April 1965, and he was honorably discharged on 7 February 1967 to accept a commission.  He entered active duty as a commissioned officer on 8 February 1967, and he was relieved from active duty 20 January 1969.  

3.  His DA Form 66 (Officer Qualification Record) shows in:

* item 1 (Name and Service Number) the service number O5 XXX XXX and the social security number (SSN) XXX-X6-XXXX
* item 17 (Foreign Service) he was credited with service in Vietnam from 11 February through 6 December 1968
* item 18 (Record of Assignments) he was assigned for duty in Vietnam with the following 9th Infantry Division units:

* Headquarters and Headquarters Company (HHC), 2d Battalion, 39th Infantry, from 18 February to 6 March 1968 in specialty 1542 (Infantry Unit Commander) as an assistant platoon leader
* Company A, 2d Battalion, 39th Infantry, 7 March to 11 May 1968 in specialty 1542 as a platoon leader
* HHC, 9th Infantry Division, from 12 May to 5 December 1968

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 7 February 1967 shows he was awarded the National Defense Service Medal, Good Conduct Medal (1st Award), and Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 20 January 1969 shows he was awarded the Vietnam Service Medal (VSM) and Republic of Vietnam Campaign Medal with Device (1960).  

6.  A DA Form 8-275-3 (Clinical Record Cover Sheet) shows he was injured on 6 March 1968 due to hostile small arms fire while on an ambush mission.  

7.  On 8 March 1968, Headquarters, 3d Field Hospital, issued General Orders Number 29 announcing award of the Purple Heart to him for wounds he received on 7 March 1968.

8.  On 19 March 1968, Headquarters, 9th Infantry Division, issued General Orders Number 1785, announcing award of the Purple Heart to several Soldiers for wounds they received on 6 March 1968.  The orders show a line entry for an individual with the applicant's last and first names and his service number.  The middle initial and SSN shown on the orders differ from those shown elsewhere in his record.

9.  On 27 April 1968, Headquarters, 9th Infantry Division, issued General Orders Number 2785 revoking so much of General Orders Number 1785 as pertained to the applicant.  

10.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  On 24 February 1969, Headquarters, 9th Infantry Division, issued General Orders Number 2160 announcing award of the BSM to the applicant for his meritorious service from July to December 1968.  

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B of the regulation.  His service in Vietnam coincided with four campaigns:  

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

13.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge (CIB).  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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows units he served in received the following awards for periods during which he was assigned to the units.

* The 9th Infantry Division and its assigned and attached units were cited for award of the:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968, by Department of the Army General Orders (DAGO) Number 31, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 59, dated 1969

* 2d Battalion, 39th Infantry, was cited for award of the Presidential Unit Citation (PUC) for the period 7 March to 22 June 1968, by DAGO 60, dated 1969

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version of the regulation in effect at the time stated for item 24 to enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows a hospital issued orders announcing award of the Purple Heart to him.  Several days later, Headquarters, 9th Infantry Division, also published orders announcing the award Purple Heart to him.  

2.  It appears the orders issued by Headquarters, 9th Infantry Division, were an inadvertent duplication of the orders issued by the hospital and contained errors in his name and SSN.  The portion of these orders pertaining to him was revoked.  

3.  The hospital orders are accurate and they were not revoked.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

4.  General orders awarded him the BSM.  Therefore, he is entitled to correction of his DD Form 214 to show the BSM.

5.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

6.  He was an infantry officer assigned to an infantry unit as an assistant platoon leader when he was wounded on 6 March 1968 due to hostile small arms fire while on an ambush mission.  This service meets the criteria for award of the CIB.  Therefore, he is entitled to correction of his DD Form 214 to show the CIB.  


7.  He was assigned to units during periods for which they were cited for the PUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 making the following changes to item 24 of his DD Form 214 for the period ending 20 January 1969:

	a.  delete the VSM and

	b.  add the:

* BSM
* Purple Heart
* VSM with four bronze service stars
* CIB
* PUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20100030237





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ABCMR Record of Proceedings (cont)                                         AR20100030237



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