RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 September 2007
	DOCKET NUMBER:  AR20070005988 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Ronald D. Gant

Member

Mr. Rowland C. Heflin

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 records to show award of the Purple Heart, the Combat Infantryman Badge (CIB), the Medical Corpsman Badge (sic) [Combat Medical Badge (CMB)], and the Good Conduct Medal. 

2.  The applicant states, in effect, that the requested awards were overlooked upon his separation.

3.  The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 30 June 1966 and 23 September 1968, a copy of page 3 of his DA Form 20 (Enlisted Qualification Record), a copy of page 4 of his DA Form 66 (Officer Qualification Record), and a copy of his DA Form 199 (Physical Evaluation Board Proceedings) in support of his application. 

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's records show that he enlisted in the Regular Army on 4 April 1964 for a period of 3 years.  He was honorably discharged on 7 April 1965 and reenlisted in the Regular Army on 8 April 1965 for a period of 6 years.  He was honorably discharged on 30 June 1966 for the purpose of accepting a commission.

3.  The applicant was later appointed as an Infantry officer in the grade of second lieutenant, effective 1 July 1966.  He was honorably retired for disability and placed on the Permanent Disability Retired List on 23 September 1968.

4.  The applicant's records show that he served in the Republic of Vietnam as an Infantry officer during the period 27 March 1967 through 6 February 1968.  He was assigned to Company A, 3rd Battalion, 1st Infantry, 11th Infantry Brigade.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Parachutist Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. 

6.  Item 24 of the applicant's DD Form 214 dated 23 September 1968, does not show award of the Purple Heart, the Combat Infantryman Badge (CIB), the Combat Medical Badge (CMB), or the Good Conduct Medal

7.  The applicant's records do not contain general orders which authorized him award of the Purple Heart, Combat Infantryman Badge (CIB), or the Combat Medical Badge (CMB).

8.  The applicant's name is shown on the Vietnam Casualty Roster with a code 23, indicating that he was wounded as a result of hostile action on 19 January 1968.

9.  The applicant's medical records show that he sustained shrapnel wounds to the right upper extremity and right lower extremity as a result of hostile action in the Republic of Vietnam on 19 January 1968.  

10.  Item 18 (Record of Assignments) of the applicant's DA Form 66 shows that the applicant was assigned as a patient to the Republic of Vietnam Patient Casual Company on 20 January 1968 and was further transferred to a military hospital at Fort Wolters, Texas, where he was retired for disability on 23 September 1968.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 military medical personnel, and the medical treatment must have been made a matter of official record.



12.  The applicant's records show that he reported to Fort Benning, Georgia, on 23 January 1966 to attend the Infantry Officer Basic Course and that he was awarded an Infantry MOS effective 1 July 1966.  Additionally, Item 9 (Military Occupational Specialty) of his DA Form 66 shows that he held military occupational specialty (MOS) 1542 (Infantry Unit Commander) effective 1 July 1966.

13.  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 military occupational specialty (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 (formerly known as the Total Army Personnel 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

14.  Item 27 (Military Education) of the applicant's DA Form 20 shows that he completed the 14-week Basic Medical Laboratory Course at Fort Sam Houston, Texas, in 1965 and Item 38 shows that he held MOS 92B (Medical Laboratory Specialist) during the period 10 November 1965 through 22 January 1966. 

15.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the awards program in the Army theater of operations during the Vietnam conflict.  This regulation did not provide specific guidance for award of the Combat Medical Badge.  However, USARV Regulation 672-1 did provide detailed guidance on award of the Combat Infantryman Badge which is awarded to infantry personnel based essentially the same criteria for award of the Combat Medical Badge to medical aid personnel assigned to infantry units.  The regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 

16.  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.

17.  Headquarters, Student Brigade, U.S. Army Infantry Center, General Orders Number 48, dated 24 June 1966, shows that the applicant was awarded the Good Conduct Medal (First Award) for the period 6 April 1964 through 30 June 1966.  

18.  Item 26 of the applicant's DD Form 214 dated 30 June 1966 shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Pistol Bar.

19.  Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation    672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

20.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

21.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

22.  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 70, dated 1969.

23.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 23 September 1968, shows he was awarded the Vietnam Service Medal.

24.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase III and the TET Counteroffensive campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

25.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for “Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized”, list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.   Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart, the Combat Infantryman Badge (CIB), the Combat Medical Badge (CMB), and the Good Conduct Medal.

2.  The applicant's records show that he sustained shrapnel wounds to the right upper extremity and right lower extremity as a result of hostile action in the Republic of Vietnam on 19 January 1968.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award

3.  The applicant's records show that he was awarded and served in an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size.  He qualified for award of the Purple Heart for wounds received in action against a hostile enemy while assigned to this unit.  Therefore, there is sufficient evidence showing that the applicant met the criteria for award of the Combat Infantryman Badge in this case.


4.  The applicant's records show that he did not hold a medical department MOS or that he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat while in the Republic of Vietnam.  Therefore, there is insufficient evidence to award the applicant the Combat Medical Badge.

5.  The applicant's records show that he was awarded the Good Conduct Medal as an enlisted member of the Regular Army for the period 6 April 1964 through 30 June 1966.  Additionally, the applicant's DD Form 214 dated 30 June 1966 reflects award of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this award.

6.  The applicant's records show that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award. 

7.  The applicant's records show that the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to awards of two bronze service stars to be affixed to the Vietnam Service Medal

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jev___  __rdg___  __rch___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the list of awards identified on his DD Form 214, dated 23 September 1968, award of the Purple Heart for wounds received as a result of hostile action on 19 January 1968, the Good Conduct Medal for the period 6 April 1964 to 30 January 1966, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 the Combat Medical Badge.



						James E. Vick
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070005988
SUFFIX

RECON

DATE BOARDED
20070919
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.