RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          28 July 2005
      DOCKET NUMBER:  AR20040010510


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. James Gunlicks                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart.  He also requests
award of the Combat Infantryman Badge and the Combat Medical Badge.

2.  The applicant states, in effect, that although he was issued a DD Form
215 (Correction to DD Form 214) to show award of the Purple Heart, his DD
Form 214 should also include his Purple Heart.  He contends that he is
entitled to the Combat Infantryman Badge and Combat Medical Badge by virtue
of his active participation in numerous firefights in Vietnam, as both a
combatant and as a combat medic.  He also states that the only reason he
did not receive these awards is that after being wounded in battle he was
recuperating in a field hospital and then transferred to Japan for further
medical treatment.

3.  The applicant provides a DD Form 215 (Correction to DD Form 214), dated

5 September 1997 and a letter, dated 15 November 2004, from a Member of
Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
10 August 1972.  The application submitted in this case is dated 17
November 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 30 March 1970 for a period of 3 years.  He
was awarded military occupational specialty (MOS) 91B (medical specialist)
upon completion of advanced individual training.  He arrived in Vietnam on
30 May 1971.  His DA Form 20 (Enlisted Qualification Record) shows he
served in MOS 91B assigned to Headquarters and Headquarters Company, 4th
Battalion, 3rd Infantry in Vietnam from 15 June 1971 until he was wounded
in action on 19 July 1971 and transferred to Japan on 26 July 1971 for
medical treatment.  The applicant’s orders for the Purple Heart show that
he was assigned to Company A, 4th Battalion, 3rd Infantry of the 23rd
Infantry Division when he was wounded in action.  On 10 August 1972, the
applicant was placed on the Temporary Disability Retired List (70 percent).


4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Campaign Medal, the Vietnam Service Medal, and the Good Conduct
Medal as authorized awards.

5.  There are no orders for the Combat Infantryman Badge or the Combat
Medical Badge in the applicant’s service personnel records.

6.  A DD Form 215, prepared on 5 September 1997, amended the applicant’s DD
Form 214 to show award of the Purple Heart.

7.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

8.  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 applicant's unit (Headquarters
and Headquarters Company, 4th Battalion, 3rd Infantry) is entitled to award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 6, dated 1974.

9.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part it
states that a DD Form 214 will not be reissued unless directed by proper
appellate authority, Executive Order, or by the Secretary of the Army; when
it is determined that the original DD Form 214 cannot be properly corrected
by issuance of a DD Form 215 or if the correction would require issuance of
more than two DD Forms 215; or when two DD Forms 215 have already been
issued and another correction is required.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, 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.  The Awards Branch of
the U.S. Army Human Resources Command has advised, in similar cases, that
during the Vietnam era the Combat Infantryman Badge was awarded only to
enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  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.  The regulation also states, in pertinent part,
that the Combat Medical Badge was created as a "companion" badge to the
Combat Infantryman Badge with criteria for its award intended to parallel
that of the Combat Infantryman Badge.  It was designed to provide
recognition to the field medic who accompanies the infantryman into battle
and shares with him the experiences unique to the infantry in combat.
There was never any intention to award the Combat Medical Badge to all
medical personnel who serve in a combat zone or imminent danger area, that
is, a division-level medical company supporting a maneuver brigade.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was properly issued a DD Form
215 on 5 September 1997 which amended his DD Form 214 to show award of the
Purple Heart as required by the governing regulation.  Therefore, there is
no basis for granting the applicant’s request that a DD Form 214 be
reissued to show award of the Purple Heart.

2.  Evidence of record shows the applicant held and served in MOS 91B
during his assignment in Vietnam.  There is no evidence of record which
shows the applicant served in an infantry MOS or served in active ground
combat while an assigned member of an infantry unit of brigade or smaller
size in Vietnam.  Therefore, there is insufficient evidence on which to
base award of the Combat Infantryman Badge in this case.

3.  Evidence of record shows the applicant served as a medical specialist,
was assigned to an infantry company, and was wounded in action in Vietnam.
Therefore, there is sufficient evidence on which to base award of the
Combat Medical Badge in this case.

4.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

5.  The applicant's unit (Headquarters and Headquarters Company, 4th
Battalion, 3rd Infantry) was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation while he was assigned to it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

WP_____  LB_____  JG______  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 and to excuse failure to timely
file.  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 show that he was awarded the Combat Medical Badge, the Vietnam
Service Medal with two bronze service stars and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

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
award of the Combat Infantryman Badge and issuing a new DD Form 214 to show
award of the Purple Heart.




            __William Powers________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010510                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050728                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |107.0113                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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