RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070011229 


	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. Jeffrey C. Redmann

Chairperson

Mr. John G. Heck

Member

Mr. Qawiy A. Sabree

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 Medical Badge, and all other missing awards including unit awards.

2.  The applicant states, in effect, that he is entitled to awards that are not shown on his record. 

3.  The applicant did not provide any additional documentary evidence 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.  With prior service in the Massachusetts Army National Guard (MAARNG), the applicant's records show that he enlisted in the Regular Army on 29 January 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank he attained during his military service was staff sergeant (SSG)/pay grade E-6.  He was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 13 July 1968.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 17 September 1967 through 9 July 1968.  He was assigned to Detachment A-411, Company D, 5th Special Forces Group (Airborne), 1st Special Forces, as a medical specialist.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Purple Heart, the Combat Infantryman Badge, and the Good Conduct Medal (First Award). 

5.  On 3 March 2004, the applicant was issued a DD Form 215 (Correction to the DD Form 214) showing he was awarded the Silver Star.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "Shrapnel wound under right eye, 11 April 1968."

7.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 611, dated 24 April 1968; show that the applicant was awarded the Purple Heart for injuries sustained on 11 April 1968 in the Republic of Vietnam.  This Purple Heart is already shown on the applicant's DD Form 214, dated 13 July 1968.  Therefore, it will not be discussed further in these proceedings. 

8.  Headquarters, United States Army Vietnam, General Orders Number 3709, dated 1 August 1968; show that the applicant was awarded the Silver Star for gallantry in action while engaged in military operations involving conflict with an armed hostile force on 11 April 1968.  General Orders Number 3709 cited the following reason:

[Applicant] distinguished himself by exceptionally valorous actions on 11 April 1968 during a search operation in Dinh Toung Province. When the Vietnamese unit he was accompanying became engaged in a firefight, [Applicant] repeatedly exposed himself to intense enemy fire to treat and evacuate wounded soldiers.  Elements of the United States infantry division became engaged in the same firefight, and the insurgents augmented their small arms fire with rockets and mortars.  [Applicant], although wounded, continued to expose himself to the enemy to treat the American casualties.  He was solely responsible for removing one of them from a position near the heavily fortified enemy emplacements.

9.  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 and 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.

10.  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.

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

12.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 1468, dated 21 August 1968; show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 5th Special Forces Group (Airborne), 1st Special Forces was awarded the Presidential Unit Citation for the period 1 November 1966 to 31 January 1968 based on Department of the Army General Orders Number 45, dated 1969. 

14.  Department of the Army Pamphlet 672-3 shows the 5th Special Forces Group (Airborne), 1st Special Forces was awarded the Meritorious Unit Commendation for the period 31 January 1968 to 31 December 1968 based on Department of the Army General Orders Number 70, dated 1969.

15.  Department of the Army Pamphlet 672-3 shows the 5th Special Forces Group (Airborne), 1st Special Forces was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1964 to 17 May 1969 based on Department of the Army General Orders Number 59, dated 1969.

16.  Department of the Army Pamphlet 672-3 shows the 5th Special Forces Group (Airborne), 1st Special Forces was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1968 to 24 September 1970 based on Department of the Army General Orders Number 48, dated 1971.

17.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET Counteroffensive and the Vietnam Counteroffensive Phases III, IV, and V 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 and that one silver service star is worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Combat Medical Badge, and other unit awards.

2.  The applicant's records show that he held a medical department MOS and was assigned to a Special Forces.  The citation of his Silver Star clearly shows that he was personally present and under fire, treating and evacuating wounded soldiers in a unit that was engaged in active ground combat while in the Republic of Vietnam on 11 April 1968.  Therefore, there is sufficient evidence to award the applicant the Combat Medical Badge and correct his records to show this award.

3.  General Orders show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show this award.

4.  General Orders show the applicant’s unit was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, 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 records.  Therefore, he is entitled to correction of his records to show these awards. 

5.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his Vietnam Service Medal.


BOARD VOTE:

__jcr___  __jgh___  __qas___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 13 July 1968, award of the Combat Medical Badge, the Air Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.





						Jeffrey C. Redmann
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011229
SUFFIX

RECON

DATE BOARDED
20071213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.