IN THE CASE OF:	  

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20120001949 


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:

   a. Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 22 October 1971, to show award of the following:
   
* Purple Heart 
* Combat Infantryman Badge 
* Republic of Vietnam Gallantry Cross with Bronze Star 

b. A personal appearance hearing.

2.  The applicant states: 

* he was awarded the Purple Heart for being wounded in action in Vietnam on 14 April 1971
* he also received the Bronze Star with "V" device, the Republic of Vietnam Gallantry Cross with Bronze Star, and the Combat Infantryman Badge for his actions on 14 April 1971

*	the medals were presented to him in a ceremony at Walter Reed Army Hospital

* he is required to show receipt of the Purple Heart to applying for certain Department of Veterans Affairs (VA) benefits
* personnel at the National Personnel Records Center were unable to verify his entitlement to the requested awards

3.  The applicant provides:

* self-authored statements
* photograph of the reverse side of his Purple Heart Medal
* a news article, undated, entitled, "Officer Given Bronze Star"
* DD Form 214
* Letter, National Personnel Records Center, dated 16 January 2012
* Republic of Vietnam Certificate

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.  After having had prior enlisted service in the Regular Army, the applicant was appointed a Reserve commissioned officer in the U.S. Army Reserve on 16 October 1969 and entered active duty that date.  He was appointed as an Infantry Officer.  

3.  The applicant's DA Form 66 (Officer Qualification Record) shows the following:

   a. He attended the U.S. Army Infantry School, completed the Infantry Officer Candidate Course, and was awarded the title Infantry Unit Commander in 1969.

   b. He served in Vietnam during the period 13 September 1970 through 11 May 1971.

   c. His notification of injury to his parents shows he was on a combat operation when his injury occurred.

4.  General Orders Number 054, Headquarters, 3d Field Hospital, dated            22 September 1971, awarded the applicant the Purple Heart for wounds received in action on 14 April 1971.

5.  A letter from Headquarters, United States Military Assistance Command, Vietnam, subject:  Authorization for Individual Foreign Award, dated 5 June 1971, shows the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

6.  Records show he was assigned to the following units while assigned in the Republic of Vietnam:

* Civil Operations and Revolutionary Development Support (CORDS) Advisory Team 86, Long An Province 
* Mobile Advisory Team III-119, Tan An City, Long An Province 

7.  The applicant's DD Form 214 for the period ending 22 October 1971 shows: 

   a. Item 23s (Specialty Number and Title) shows 1542, Infantry Unit Commander. 

b. He was awarded the following awards and decorations:

* Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

   c.  On 22 October 1971, he was permanently retired by reason of a physical disability.  He completed a total of 3 years and 14 days of creditable active military service.

8.  A review of his personnel service records failed to show evidence that he was ever awarded or recommended for award of the Combat Infantryman Badge.

9.  A review of the applicant's records shows he is entitled to additional awards and decorations.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for 


each credited campaign.  The Vietnam campaigns are listed in appendix B.  The applicant's record shows his service in Vietnam coincided with one campaign, the Vietnam Counteroffensive Phase VII for the period 1 July 1970 to 30 June 1971.

11.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size or assigned as advisors to a foreign infantry/special forces comparable, trainers or performing liaison duties during the time that the supported infantry/special forces unit engages in active ground combat, to close with and destroy the enemy with direct fire.  Qualified Soldiers must have been personally present and participated in the combat operations.

12.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records [ABCMR]), paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR.  The Director, ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Bronze Star was carefully considered and determined to have merit.

2.  Although the applicant requested to personally appear before the Board, it was determined that there was sufficient evidence available for fair and impartial consideration of his case.

3.  General Orders Number 054, dated 22 September 1971, awarded the applicant the Purple Heart.  Therefore, he is entitled to correction of his records to show this award.



4.  Headquarters, United States Military Assistance Command, Vietnam, letter, dated 5 June 1971, authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.  Therefore, he is entitled to correction of his records to show this award.

5.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973 was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant served in Vietnam during the cited period.  Therefore, he is entitled to have his DD Form 214 for the period ending 22 October 1971 corrected to show this unit award.

6.  Records show the applicant was an infantry officer, was assigned as an advisor to Vietnamese counterparts on infantry tactics, was injured during a combat operation, and states he was awarded the Combat Infantryman Badge.  Evidence confirms he met the criteria and any doubt should be resolved in his favor.  Therefore, he is entitled to correction of records to show this award.

7.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star to be affixed to his previously-awarded Vietnam Service Medal.
 
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 adding the following to his DD Form 214 for the period ending 22 October 1971:

* Purple Heart  
* Combat Infantryman Badge 
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one bronze service star to be affixed to his previously awarded Vietnam Service Medal


      
      __________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)                                         AR20120001949



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ABCMR Record of Proceedings (cont)                                         AR20120001949



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