IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110004621
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 the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states he already received the medal.
3. The applicant provides no additional documents.
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 applicants 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 applicants 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 and entered active duty on 28 August 1968. During training he qualified as a Sharpshooter with the M-14 Rifle. Upon completion of training he was awarded military occupational specialty (MOS) 11B as a light weapons infantryman.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Assignments) ? he served in Vietnam with A Company, 2nd Battalion, 8th Cavalry from 28 January 1969 until he was hospitalized on 17 February 1969. After his release from the hospital, on 8 April, he was at the 257th Replacement Detachment until 16 April 1969 when he was transferred to Korea;
b. item 40 (Wounds) ? Multiple Fragment Wounds Both Legs, Right Arm, Back and Ribs on 10 February 1969;
4. On 17 April 1970 the applicant was released from active duty early as an overseas returnee. His DD Form 214 lists his authorized awards as the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Vietnam Service Medal, and the Armed Forces Expeditionary Medal (Korea).
5. The Vietnam Casualty Roster shows the applicant was hospitalized due to wounds sustained while in action against the enemy.
6. A search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to disclose the applicant's name.
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
8. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:
a. A Company, 2nd Battalion, 8th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Orders (DAGO) Number 59, of 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class for the period 1 January 1969 through 1 February 1970 by DAGO Number 42 of 1972.
b. Bronze service stars are worn on service and campaign medals to denote participation in campaigns. The applicant's tour of duty coincided with the following two campaigns: Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969) and Tet 69/Counteroffensive (23 February - 8 June 1969).
DISCUSSION AND CONCLUSIONS:
1. The Vietnam Casualty Roster confirms the applicant was wounded in action against the enemy. He states he was presented the Purple Heart.
2. The identification of his unit as A Company shows that it was an infantry unit, even though it was part of a cavalry regiment. The applicant held a qualifying MOS (11B). He should be awarded the Combat Infantryman Badge at this time.
3. His unit was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
4. He earned two bronze service stars for wear on the Vietnam Service Medal.
5. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.
6. The above awards should be added to his DD Form 214.
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 his DD Form 214;
b. awarding him the Combat Infantryman Badge; and
c. adding to the awards already listed in item 24 of his DD Form 214 the Purple Heart, the Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.
_______ _ 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) AR20110004621
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ABCMR Record of Proceedings (cont) AR20110004621
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