BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120008044 


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 he was awarded the Combat Infantryman Badge and the Purple Heart.

2.  The applicant states he earned the Combat Infantryman Badge and the Purple Heart when he was in Vietnam.

3.  The applicant provides:

* DD Form 214, dated 7 January 1971
* General Orders Number 8226, dated 22 August 1969
* Purple Heart Certificate, dated 16 September 1969
* A photocopy of a Soldier receiving a decoration

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 U.S. on 8 January 1969.  He completed training in military occupational specialty (MOS) 11B (light weapons infantryman).

3.  On 8 March 1969, Special Orders Number 67 were published awarding the applicant the Expert Marksmanship Qualification Badge (Rifle M-14 and Hand Grenade Bars).

4.  Special Orders Number 89 were published on 23 April 1969 awarding him the Marksman Marksmanship Qualification Badge with Machinegun Bar.

5.  The applicant arrived in Vietnam on 1 July 1969 and was assigned to Company B, 4th Battalion, 31st Infantry, 196th Infantry Brigade.  He participated in the following campaigns:

* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969 
* Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970

6.  General Orders Number 8226 was published on 22 August 1969 awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 20 August 1969.

7.  The applicant departed Vietnam en-route to the United States on 26 June 1970.  He was honorably released from active duty on 7 January 1971 and was transferred to the U.S. Army Reserve Control Group (Annual Training).

8.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Vietnam Campaign Medal with Device (1960)


9.  There are no orders in the applicant's records showing he was awarded the Combat Infantryman Badge.

10.  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 United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Combat Infantryman Badge.

11.  Army Regulation 600-8-22 (Military Awards) provides that 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.  

12.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August to 31 December 1969 and 31 March to 30 June 1970 by Department of the Army General Order (DAGO) Number 6, dated 1974.

14.  Army Regulation 600-8-22 states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

15.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was awarded the Presidential Unit Citation for the period 11 August to 31 August 1969 by DAGO Number 42, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the PH for wounds received on 20 August 1969.  This award should be added on his        DD Form 214.


2.  The unit to which he was assigned was awarded the Presidential Unit Citation for extraordinary heroism in action for the period 11 August to 31 August 1969.  
The applicant was wounded on 20 August 1969.  It is reasonable to believe that he engaged in active ground combat and is authorized the Combat Infantryman Badge.  These awards should be added on his DD Form 214.

4.  The applicant is also authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Expert Marksmanship Qualification Badge (Rifle M-14 and Hand Grenade Bar)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal with one bronze service star.

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 amending his DD Form 214 to add the following awards:

* Purple Heart
* Combat Infantryman Badge
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge (Rifle M-14 and Hand Grenade Bars)
* 
Marksman Marksmanship Qualification Badge with Machinegun Bar
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal with one bronze service star




      _______ _   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)                                         AR20120008044





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ABCMR Record of Proceedings (cont)                                         AR20120008044



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