RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050006867


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 award of the Purple Heart and the Combat Medical
Badge.

2.  The applicant states he was wounded by shrapnel during an engagement
between Pleiku and Kontum in the spring of 1967.  The applicant continues
that he was evacuated to the 8th Field Hospital and reassigned to that
hospital due to his injury.  The applicant further states that Soldiers
serving as medics had to be in the field for six months to be eligible for
the Combat Medical Badge.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) with an effective date 25 April 1967 and a
copy of DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 April 1971, the date of his separation from active duty.
The application submitted in this case is dated 21 April 2005.

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 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 that it would be in the interest of justice to do
so.  The ABCMR has elected to conduct a substantive review of this 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 in the Army on 7 May 1965, for a period of three
years. After completion of basic and advanced individual training, he was
awarded military occupational specialty 91B (Medical Specialist).  On 25
April 1967, he was honorably separated for the purpose of immediate
reenlistment.  He served in Vietnam during the periods 15 February 1967
through 11 February 1968, 9 December 1968 through 9 December 1969, and 29
October 1970 through 18 April 1971.  On 19 April 1971, the applicant was
honorably separated.

4.  The applicant's separation documents (DD Forms 214) do not list the
Purple Heart or the Combat Medical Badge.

5.  There are no orders in the applicant's service personnel records which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that show he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 (Enlisted Qualification Record) does not
list the Purple Heart in Item 41 (Awards and Decorations) and Item 40
(Wounds) does not contain any entries.  The applicant's name is also not
listed on the Vietnam Casualty Roster.

6.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows the
following units the applicant was assigned during his service in Vietnam.

      a)  From 4 March 1967 through 25 April 1967, he was assigned to the
3rd Battalion of the 7th Infantry;


      b) From 26 April 1967 through 7 May 1967, he was assigned to the 3rd
Battalion, 12th Infantry of the 4th Infantry Division;


      c) From 9 May 1967 through 10 February 1968, he was assigned to the
8th Field Hospital;


      d) From 14 December 1968 through 1 December 1969, he was assigned to
Team 90, III Corps; and


      e) From 5 November 1970 through 15 April 1971, he was assigned to the
1st Battalion of the 83rd Field Artillery.

8.  A review of the applicant's records does not reveal any documentation
that shows he was engaged in actual ground combat while assigned to the
infantry units.

9.  Army Regulation 600-8-22 states special provisions for award of the
Combat Medical Badge during the Vietnam conflict.  These provisions
permitted award of the Combat Medical Badge to Soldiers assigned to a
Vietnamese unit engaged in actual ground combat or as a member of U.S. Army
infantry unit of brigade or
smaller size including Special Forces Detachments serving with the Republic
of Vietnam units engaged in actual ground combat.  The special provisions
required that the Soldier must have been personally present and under
hostile fire while assigned as specified.

10.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

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 document shows that, at the time of the
applicant’s assignment to the 3rd Battalion of the 7th Infantry, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation by Headquarters Department of the Army General Orders
Number 51, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows that during the
applicant's assignment to the 3rd Battalion, 12th Infantry, it was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters Department of the Army General Orders 3, dated 1970.

13.  Department of the Army Pamphlet 672-3 also shows that during the
applicant's assignment to the 8th Field Hospital, it was awarded the
Meritorious Unit Commendation by Headquarters Department of the Army
General Orders Number 31, dated 1969.

14.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he
participated in the following campaigns:  Vietnam Counteroffensive, Phase
II; Vietnam Counteroffensive, Phase III; Tet Counteroffensive; Vietnam
Counteroffensive, Phase VI; Tet 69 Counteroffensive, 1969; Vietnam Summer-
Fall 1969; Vietnam Winter-Spring 1970; and Vietnam Counteroffensive, Phase
VII.  Item 41 (Awards and Decorations) shows that he was awarded the
Vietnam Service Medal.

15.  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 Vietnam Service Medal.  A silver service star is
authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was wounded while in Vietnam; therefore,
is entitled to award of the Purple Heart.
2.  Contrary to the applicant's contention, there are no general orders
available which awarded the applicant the Purple Heart.  There are no
medical records available which show the applicant was wounded or treated
for wounds as a result of hostile action during his service in Vietnam.  In
the absence of such evidence, there is insufficient basis for award of the
Purple Heart in this case.

3.  The applicant also contends that since he served as a medic in Vietnam
for more than six months, he is entitled to award of the Combat Medical
Badge.

4.  Contrary to the applicant's contentions, regulation clearly specified
special requirements for award of the Combat Medical Badge during Vietnam.
Evidence shows the applicant served in a medical military occupational
specialty while in Vietnam and assigned to an infantry unit; however, there
is no evidence that shows he was actually engaged in hostile action while
assigned to that unit.  As a result, the evidence in this case fails to
confirm the applicant's eligibility to receive the Combat Medical Badge.

5.  Evidence of record shows that, while the applicant was assigned to 3rd
Battalion, 12th Infantry, the unit was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is
entitled to correction of his records to show this foreign unit award.

6.  Evidence of record also shows that, while the applicant was assigned to
3rd Battalion of the 7th Infantry, the unit was awarded the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore,
the applicant is entitled to correction of his records to show this foreign
unit award.

7.  Evidence of record further shows that, while the applicant was assigned
to 8th Field Hospital, the unit was awarded the Meritorious Unit
Commendation.  Therefore, the applicant is entitled to correction of his
records to show this award.

8.  Evidence of record shows the applicant was credited for eight campaigns
during his service in Vietnam.  However, he never received any bronze
service stars to recognize these campaigns.  Therefore, he is entitled to
correction to show one silver service star and three bronze service stars
to be affixed to his Vietnam Service Medal.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 April 1971.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 April 1974.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

10.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_MJF___  __LDS___  _MKP___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in this case.

2.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned to show award of
the Purple Heart and award of the Combat Medical Badge.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, the Meritorious Unit Commendation, and affixing one
silver service star and three bronze service stars to his Vietnam Service
Medal.


                                      _M. K. Patterson____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006867                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 61    |107.0015/PH                             |
|2.  159                 |107.0113/CMB                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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