PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 March 2002
         DOCKET NUMBER: AR2002066570


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Roger W. Able		Member
Mr. Walter T. Morrison		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show his correct dates of service in Vietnam. He also requests correction his records to show award of the Bronze Star Medal, the Purple Heart, and the Combat Medical Badge.

3. The applicant states that his records show the incorrect dates of service in Vietnam and that he left Vietnam on 29 August 1968 because of his brother’s death. He claims that his records should show his Combat Medical Badge, Purple Heart, and Bronze Star Medal from the 1st Battalion, 8th Infantry, 4th Infantry Division. He contends that he was a medical aidman or medical corpsman until he was wounded and sent to Headquarters, Company A, 4th Medical Battalion, 4th Infantry Division in Vietnam on 15 May 1968. The applicant submitted a copy of his DA Form 20 (Enlisted Qualification Record), two letters from former service members, several medical documents, and a Department of Veterans Affairs (DVA) Rating Decision in support of his application.

4. The applicant’s military records show that he was inducted in the Army on 13 October 1967 and completed training as a medical specialist. He served in Vietnam and was honorably released from active duty on 9 October 1969 in the rank of specialist four.

5. The applicant’s DD Form 214 shows he completed 3 months and 28 days of foreign service in item 22c (Foreign and/or Sea Service). His DA Form 20 shows he served in Vietnam from 21 April 1968 through 18 August 1968.

6. On 21 August 1968, the applicant submitted a request for 30 days emergency leave to Houston, Texas. The applicant’s request was approved on 28 August 1968 for 20 days ordinary leave. There is no record which shows the date of his departure from Vietnam.

7. His records contain 4th Infantry Division Special Orders Number 281, dated 7 October 1968, which show the applicant was on compassionate leave at his next of kin’s address in Houston, Texas. These orders also indicate that the applicant would not be credited with a completed foreign service tour and should report to his new duty station upon completion of leave.

8. The applicant’s DD Form 214 does not show entitlement to the Bronze Star Medal, the Purple Heart, or the Combat Medical Badge.

9. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal and there is no evidence that he was recommended for award of the Bronze Star Medal. His DA Form 20 does not show any entry in item 41 (Awards and Decorations) for award of the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

10. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. His personnel records do not contain medical evidence which indicate he was treated for wounds as a result of hostile action. His DA Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

11. The applicant provided a copy of a DVA Rating Decision, dated 21 April 2000. This document fails to show evidence that the applicant sustained injuries as a result of hostile action during his military service.

12. Prior to the applicant’s release from active duty, he underwent a mental status evaluation and a separation medical examination and was found fit for separation with a physical profile of 111111.

13. The applicant’s DA Form 20 shows he served in a medical aidman duty position with the 1st Battalion, 8th Infantry, 4th Infantry Division in Vietnam from 3 May 1968 to 14 May 1968. His personnel record shows he was reassigned as a supplyman with Company A, 4th Medical Battalion, 4th Infantry Division in Vietnam on 15 May 1968.

14. The Board noted that the applicant is entitled to award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document.

15. 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 document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 25 to 26 May 1968 based on Department of the Army General Orders Number 75, dated 1969.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

18. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

19. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

20. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the soldier must have been personally present and under fire during such ground combat.

CONCLUSIONS:

1. The applicant’s Enlisted Qualification Record shows he served in Vietnam from 21 April 1968 through 18 August 1968.

2. Evidence available to the Board shows the applicant was still assigned to Vietnam on 28 August 1968. However, there is no evidence of record which shows he departed Vietnam on 29 August 1968. Therefore, his dates of service in Vietnam should be corrected to show 21 April 1968 through 28 August 1968.

3. Based on paragraph 2, above, the applicant is entitled to correction of his DD Form 214 to show he served 04 months and 08 days of foreign service in item 22c (Foreign and/or Sea Service). He is also entitled to correction of item 30 (Remarks) of his DD Form 214 to show the entry “Vietnam Service: 21 April 1968 through 28 August 1968.”

4. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is no basis for awarding the Bronze Star Medal in this case.

5. In regard to the request for award of the Purple Heart in this case, the Board carefully reviewed the DVA rating decision submitted by the applicant, the applicant’s service personnel records, and the pertinent part of the Army regulation governing award of the Purple Heart.
6. The Board noted that there is no military medical record or other evidence in the applicant’s service personnel records which shows that he was wounded as a result of hostile action or was treated for wounds or injuries sustained as a result of hostile action. These facts are also confirmed in the DVA rating decision. Therefore, the Board determined that the available evidence is not sufficient to support award of the Purple Heart in this case.

7. The applicant’s records show he served as a medical aidman with the 1st Battalion, 8th Infantry, 4th Infantry Division from 3 May 1968 to 14 May 1968 and was reassigned to Company A of the 4th Medical Battalion as a supplyman on 15 May 1968.

8. There is no evidence of record which shows he was assigned to an infantry company in active ground combat or was personally under fire during the 11 days he was assigned to the 1st Battalion, 8th Infantry, 4th Infantry Division. Therefore, the applicant is not eligible for award of the Combat Medical Badge.

9. Evidence of record shows the applicant’s unit in Vietnam was cited for award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 will be amended to show these awards.

10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to the individual concerned be corrected:

a. by amending item 22c (Foreign and/or Sea Service) of his DD Form 214 to show the entry “04 months and 08 days”;

b. by amending item 30 (Remarks) of his DD Form 214 to show the entry “Vietnam Service: 21 April 1968 through 28 August 1968”; and

c. by amending item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to show he was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JL______ RWA____ WTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066570
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020314
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0014
3.	107.0015
4.	107.0113
5.
6.