RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 May 2007
      DOCKET NUMBER:  AR20060015518


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 received a Purple Heart from his service in
Vietnam, but it and the Combat Medical Badge are missing from his records.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) for the period ending 26 November
1969 and a copy of his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 November 1969.  The application submitted in this case
is dated 26 October 2006.

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 limitations 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.  After having had prior service in the U. S. Army Reserve, where he
completed training and was awarded military occupational specialty 910.00
(Medical Corpsman), the applicant was inducted into the Army on 22 April
1968.

4.  The applicant arrived in Vietnam and was assigned to the 561st Medical
Company (Ambulance) on 9 October 1968.  He performed duties as a medical
specialist, ambulance orderly, and ambulance driver.

5.  The applicant’s DA Form 20 shows that on 7 May 1969 he was assigned to
the 7th Field Hospital, Japan as a patient.  His name is not on the Vietnam
Casualty Roster.  Item 40 (Wounds) of his DA Form 20 does not show he was
wounded.  Item 41 (Awards and Decorations) does not show he was awarded the
Purple Heart.

6.  On 20 June 1969, the applicant was reassigned to the 561st Medical
Company.
7.  On 23 November 1969, the applicant departed Vietnam after being
credited with participation in five campaigns.

8.  On 26 November 1969, the applicant was honorably released from active
duty.  His DD Form 214 for the period ending 26 November 1969 shows he was
awarded the National Defense Service Medal, the Vietnam Service Medal, and
the Republic of Vietnam Campaign Medal.

9.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

10.  Army Regulation 600-8-22 states the Combat Medical Badge may be
awarded to Medical Department personnel assigned or attached to infantry
units of brigade or smaller size who satisfactorily perform medical duties
while the unit is engaged in actual ground combat, provided they are
personally present and under fire.  The award was established to recognize
medical aidmen who shared the same hazards and hardships of ground combat
on a daily basis with the infantry Soldier.

11.  Army Regulation 600-8-22 authorizes award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal, including the Vietnam Service Medal.
 One silver service star will be worn in lieu of five bronze service stars.

12.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s DA Form 20 confirms he was assigned to Japan
from Vietnam as a patient, there is no evidence to show why he was a
patient.  His name is not on the Vietnam Casualty Roster, and item 40 of
his DA Form    20 does not show he was wounded.  Therefore, there is
insufficient evidence on which to base award of the Purple Heart.

2.  The evidence of record confirms the applicant was a medic; however, he
was assigned to a medical unit while in Vietnam and performed duties as a
medical specialist, ambulance orderly, and ambulance driver.  There is no
evidence to show he was assigned or attached to an infantry unit or was
personally present with that infantry unit during a period it actively
participated in ground combat; therefore there is insufficient evidence on
which to base award of the Combat Medical Badge.

3.  The applicant was credited with participation in five campaigns;
therefore, he is eligible to wear one silver service star on his Vietnam
Service Medal.

4.  Later, all units assigned to Vietnam were awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should be
added to his DD Form 214 for the period ending 26 November 1969.

5.  Evidence shows that the applicant’s records contain administrative
errors which do 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 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on   25 November 1972.  Although the applicant did not
file within the 3-year statute of limitations, it would be appropriate to
waive failure to timely file as there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ym____  __lmd___  __gjp___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to amend his DD Form 214 for the period ending 26
November 1969 to add the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and to show he is eligible to wear one silver service star on his
already-awarded Vietnam Service Medal.




                                  __Yolanda Maldonado___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015518                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070515                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0113                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]