IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110011924 


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 and Combat Infantryman Badge.

2.  The applicant states he was assigned to the 11th Armored Cavalry Regiment in Vietnam.  While he was a patient in a hospital in Saigon in March and April 1967, he was awarded the Purple Heart.  The paperwork was apparently lost and in his haste to get home for Thanksgiving the award was not recorded on his separation document.

3.  The applicant provides 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 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 24 November 1965.  He was awarded military occupational specialty (MOS) 11D (Armor Specialist).

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

	a.  item 31 (Foreign Service) service in Vietnam from 20 August 1966 through 2 April 1967;

	b.  item 38 (Record of Assignments):

		(1)  service in duty MOS 11D (Senior Scout Observer) while assigned to Troop F, 2nd Squadron, 11th Armored Cavalry Regiment, from 20 August 1966 through 20 March 1967; and

		(2)  he was a patient and assigned to the Medical Holding Detachment, 106th General Hospital, U.S. Army Vietnam, from 21 to 30 March 1967; and

	c.  item 40 (Wounds) burns - 1st and 2nd degree, 12 percent of body, 21 March 1967.

4.  Headquarters, 93rd Evacuation Hospital, General Orders Number 69, dated 22 March 1967, awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 21 March 1967.

5.  His DD Form 214 shows the applicant entered active duty on 24 November 1965, was honorably released from active duty as a specialist four (E-4) on 22 November 1967, and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 year, 11 months, and 29 days of active service that included 7 months and 13 days of service in Vietnam.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (1st Award), and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

6.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.

7.  A review of the available evidence reveals he may be authorized additional awards that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Troop F, 2nd Squadron, 11th Armored Cavalry Regiment, from 20 August 1966 through 21 March 1967, the squadron was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 by Department of the Army General Orders Number 60, dated 1969.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam participation credit was awarded for the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967).

	c.  Paragraph 8-6 states the Combat Infantryman Badge 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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the Combat Infantryman Badge was omitted from his DD Form 214 was carefully considered.

	a.  The applicant was awarded MOS 11D; he served in duty MOS 11D while assigned to Troop F, 2nd Squadron, 11th Armored Cavalry; and he was awarded the Purple Heart while serving in Vietnam.  However, these facts alone are insufficient as a basis for award of the Combat Infantryman Badge.

	b.  Unfortunately, there is no evidence of record and the applicant provides no evidence to corroborate his contention.

	c.  As it does not appear the applicant was performing the duties of an infantryman in an infantry squad or platoon, there is insufficient evidence to support his claim to the Combat Infantryman Badge.

2.  General orders awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 21 March 1967.  Thus, it would be appropriate to correct his records to show award of the Purple Heart.

3.  Records show the applicant participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal.

4.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Thus, it would be appropriate to correct his records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  In view of the foregoing, it would be appropriate to correct the applicant's records to show his awards and decorations as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 and

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

* Purple Heart
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman Badge.



      ____________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)                                         AR20110011924



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ABCMR Record of Proceedings (cont)                                         AR20110011924



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