IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110015854 


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 Bronze Star Medal, two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), Army Commendation Medal, and Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states:

* in the confusion of war his records were not properly scrutinized for accurateness and as a young Soldier returning to civilian life he did not care
* he should have two awards of the Purple Heart because he was wounded the first time during June/July 1968

3.  The applicant provides:

* Two DD Forms 149 (Application for Correction of Military Record)
* Orders, citation, and award certificate for the Bronze Star Medal
* Orders and award certificate for the Purple Heart for wounds received in action on 29 August 1968
* Citation and award certificate for the Army Commendation Medal
* Combat Infantryman Badge certificate
* Service medical records
* DD Form 214


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 5 June 1967.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 9 December 1967.  He served in MOS 11B assigned to Company C, 1st Battalion, 327nd Infantry of the 101st Airborne Division in Vietnam from 11 January 1968 to 16 October 1968.  On 5 June 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  

3.  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
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachute Badge 

4.  Orders, dated 6 July 1968, show he received the Purple Heart for wounds received in action on 4 July 1968.

5.  Orders, dated 31 August 1968, show he received the Purple Heart for wounds received in action on 29 August 1968.

6.  Orders, dated 22 October 1968, show he received the Bronze Star Medal.

7.  There are no orders for the Army Commendation Medal or Combat Infantryman Badge in the available records.  

8.  A review 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 reveal any orders for the Army Commendation Medal pertaining to the applicant.

9.  In support of his claim for the Army Commendation Medal, he provided a citation and award certificate for the Army Commendation Medal for meritorious achievement during the period 1 March 1968 to 31 July 1968 in Vietnam.
  
10.  In support of his claim for the Combat Infantryman Badge, he provided a certificate which states he was awarded the Combat Infantryman Badge on 
25 June 1968.

11.  Records show he participated in four campaigns during his assignment in Vietnam.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 327th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 48, dated 1971

13.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Bronze Star Medal and two awards of the Purple Heart.  His DD Form 214 should be corrected to show these awards

2.  There are no orders for the Army Commendation Medal in the available records and the applicant did not provide any orders for the Army Commendation Medal.  In the absence of orders officially awarding him the Army Commendation Medal, the citation and award certificate provided by the applicant are not sufficient as a basis for adding the Army Commendation Medal to his DD Form 214.   

3.  The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, he was wounded in action on two occasions.  Therefore, there is sufficient evidence on which to add the Combat Infantryman Badge to his DD Form 214.

4.  He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

5.  His unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding the Bronze Star Medal, Purple Heart with First Oak Leaf Cluster, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of his DD Form 214.

2.  The Board further determined that 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 adding the Army Commendation Medal to his DD Form 214.  




      _______ _   __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)                                         AR20110015854





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ABCMR Record of Proceedings (cont)                                         AR20110015854



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