IN THE CASE OF:	  

		BOARD DATE:  9 July 2013

		DOCKET NUMBER:  AR20120021957 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart (First Oak Leaf Cluster) and that he finished the welding course.

2.  The applicant states:

* he volunteered for combat duty and went to Vietnam
* he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman)
* he was promoted to sergeant (E-5) in January 1968, while he was in the hospital recovering from his leg wound
* he went back into action and was wounded in the Tet Offensive in February 1968
* he was transported to Fitzsimons Army Hospital in Denver, Colorado
* after his eyes were operated on he was sent back to limited duty at Fort Lewis, Washington
* he got into trouble, he was reduced to specialist four/E-4, and he was honorably discharged

3.  The applicant provides:

* Self-authored Statement, undated
* DA Form 20 (Enlisted Qualification Record)
* General Orders Number 704, dated 6 February 1968
* General Orders Number 24, dated 6 February 1968
* General Orders Number 1144, dated 5 March 1968
* Clinical Record Narrative Summary, dated 3 February 1968
* Clinical Record Radiographic Reports, dated 3 February and 11 March 1968
* DD Form 214, dated 23 May 1969

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 enlisted in the Regular Army on 12 May 1966.  He completed an 11-week welding course (MOS 44C (Welder)) at the U.S. Army Ordnance Center and School in 1966.

3.  He arrived in Vietnam on 7 March 1967 and initially he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 39th Infantry, 9th Infantry Division, in MOS 44C.  On 12 May 1967, he was assigned to Company A, 2nd Battalion, 39th Infantry, 9th Infantry Division, and he was awarded MOS 11B2O on 20 May 1967.  

4.  The applicant's Army Military Human Resource Record (AMHRR) contains Headquarters, 9th Infantry Division General Orders Number 704, dated
6 February 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 13 January 1968.

5.  His AMHRR also contains Headquarters, 9th Infantry Division General Orders Number 1144, dated 5 March 1968, awarding him the Purple Heart for wounds received in action against a hostile force on 3 February 1968.

6.  The applicant participated in the following campaigns:

* Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967
* Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive, which extended from 30 January through 1 April 1968

7.  On 13 March 1968, the applicant departed Vietnam en-route to the United States.

8.  On 23 May 1969, the applicant was honorably released from active duty due to expiration term of service.  His DD Form 214 does not show his military training.  However, it does show the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge (Rifle M-16)

9.  The applicant provides a copy of Headquarters, 24th Evacuation Hospital General Orders Number 24, dated 6 February 1968, awarding him the Purple Heart for wounds received in action on 3 February 1968.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  An Oak Leaf Cluster is used to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

	b.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

	c.  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.

11.  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 the following awards:

	a.  Presidential Unit Citation for the period 7 March 1968 to 22 June 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1969.

	b.  Valorous Unit Award for the period 1 February 1968 to 3 February 1968 by DAGO Number 42, dated 1969.

	c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by DAGO Number 31, dated 1969.

	d.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969.

12.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states in item 25 (Education and Training Completed) list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows the applicant completed an 11-week welding course at the U.S. Army Ordnance Center and School in 1966.  It would be in the interest of justice to correct his DD Form 214 to show this military training.

3.  Headquarters, 9th Infantry Division General Orders Number 704 was published awarding him the Purple Heart for wounds he received on 13 January 1968.

4.  Headquarters, 24th Evacuation Hospital General Orders Number 24 and Headquarters, 9th Infantry Division General Orders Number 1144 awarded him the Purple Heart for the same incident on 3 February 1968.  His DD Form 214 should be corrected to show he was awarded the Purple Heart (First Oak Leaf Cluster).

5.  The available records show at the time he was wounded in action he had an infantry MOS and he was assigned to the 39th Infantry.  Therefore, he should be awarded the Combat Infantryman Badge and it should be included on his 
DD Form 214.


6.  He is also authorized the following awards that should be shown on his 
DD Form 214:

* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Three bronze service stars to be affixed to his already-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:

	a.  awarding him the Combat Infantryman Badge for active ground combat on 13 January 1968; 

	b.  amending his DD Form 214 to show he completed an 11-week welding course at the U.S. Army Ordnance Center and School in 1966; and

   c.  adding the following awards to his DD Form 214:

* Purple Heart (First Oak Leaf Cluster)
* Combat Infantryman Badge
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit
  Citation
* 
Three bronze service stars to be affixed to his already-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)                                         AR20120021957



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ABCMR Record of Proceedings (cont)                                         AR20120021957



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