IN THE CASE OF:	  

		BOARD DATE:	  	  28 October 2008

		DOCKET NUMBER:  AR20080005590 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to show award of the Purple Heart and all other awards he is authorized.

2.  The applicant states, in effect, although he was issued the Purple Heart, his discharge document does not show that he was awarded the Purple Heart for wounds he received in action while serving in Vietnam.

3.  The applicant provides a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 13 February 2008; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
25 August 1971; and a DA Form 1577 (Authorization for Issuance of Awards), dated 19 July 1976, 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 military service records show that he was inducted into the Army of the United States on 25 March 1970.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  He was promoted to the rank of Specialist Four (SP4)/pay grade E-4, with a date of rank of 14 January 1971, and awarded primary MOS 91B2O (Medical Specialist).

3.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 31 (Foreign Service) shows that he served in the Republic of Vietnam (RVN) from 9 September 1970 through 21 April 1971.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to the 23rd Administration Replacement Detachment in the RVN from 19 September 1970 through 29 September 1970.  He was then assigned to Headquarters and Headquarters Company, 4th Battalion, 21st Infantry, 11th Brigade in the RVN from 30 September 1970 through 21 April 1971.  On 22 April 1971, the applicant was medically evacuated from the RVN and assigned as a patient to the Medical Hold Detachment, U.S. Army Hospital, Ryukyu Islands (Okinawa, Japan).  Item 39 (Campaigns) of this document contains a pencil entry indicating the applicant participated in an “unnamed campaign.”  Item 40 (Wounds) is absent an entry and Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's military service records contain a copy of Headquarters, U.S. Army Vietnam, Drive Report Number 2986, message date-time-group 191353Z April 1971.  This document shows at 1115 hours, 17 April 1971, the applicant sustained traumatic amputation of his right foot with surgical completion below the right knee and multiple fragment wounds to his left hand when a hostile booby trap was detonated while he was on a search and clear mission near Quang Ngai (RVN).

5.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, fails to show the applicant’s name as having been wounded in action.

6.  The applicant's military service records contain a copy of Headquarters, Department of the Army, Office of The Adjutant General, Washington, District of Columbia, Letter Orders Number D8-1186, dated 18 August 1971, subject:  
Enlisted Disability Retirement.  These orders show that the applicant was relieved from assignment and duty on 25 August 1971 and placed on the Temporary Disability Retired List (TDRL), effective 26 August 1971.

7.  The applicant's military service records contain a DD Form 214 that shows he entered active duty on 25 March 1970, was honorably released from active duty (REFRAD) on 25 August 1971, and placed on the TDRL.  At the time, he was credited with completing 1 year, 5 months, and 2 days net service this period.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

8.  The applicant's military service records contain a copy of Headquarters, Department of the Army, Office of The Adjutant General, Washington, District of Columbia, Letter Orders Number D5-230, dated 16 May 1973, subject:  Removal from TDRL.  These orders show that the applicant, having been determined permanently unfit for duty by reason of physical disability, was removed from the TDRL on 31 May 1973 and permanently retired in the grade of SP4/E-4, effective 1 June 1973. 

9.  The applicant's military service records contain a copy of a DA Form 1577, dated 19 July 1976, that shows the Office of The Adjutant General authorized issuance of the Purple Heart, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960) to the applicant.  This document also shows the applicant was advised he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation; however, this foreign unit award is not issued by the Department of the Army.

10.  The applicant's military service records contain a copy of a DA Form 1577, dated 22 August 1992, that shows the Chief, Awards Branch, Entitlements Division, Army Reserve Personnel Center, St. Louis, Missouri, authorized issuance of the Purple Heart, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar to the applicant.

11.  In support of his application, the applicant provides an SF 180, dated
13 February 2008; DD Form 214, with an effective date of 25 August 1971; and a DA Form 1577, dated 19 July 1976.  These documents were previously introduced and considered in this Record of Proceedings.
12.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

13.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assistance Retrieval System (ADCARS), produced a copy of Headquarters, 23rd Infantry Division (Vietnam), General Orders Number 05018, dated 3 May 1971, that show the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force from 1 October 1970 through 31 March 1971.

14.  There is no evidence the applicant received the first award of the Good Conduct Medal.  His records do not contain any adverse information and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase VII campaign.

16.  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 Headquarters and Headquarters Company, 4th Battalion, 21st Infantry,
11th Brigade (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

17.  Army Regulation 600-8-22 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 medical personnel, and the medical treatment must have been made a matter of official record.  

18.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in the Army theater of operations during the Vietnam Conflict.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  


19.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

22.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

23.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

24.  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, or as a member of a U.S. Army infantry unit of brigade, regimental or smaller size, including Special Forces detachments.  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.
25.  U.S. Army Vietnam Regulation 672-1 (Military 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, U.S. Army Vietnam Regulation 672-1 did provide detailed guidance on award of the Combat Infantryman Badge, which is awarded to infantry personnel based on essentially the same criteria for award of the Combat Medical Badge to medical aid personnel assigned to infantry units.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Purple Heart and all other awards he is authorized.

2.  The evidence of record shows that the applicant was wounded in connection with military operations against a hostile force in the RVN on 17 April 1971. Records also confirm that the applicant was treated for his wounds and the medical treatment was made a matter of official records.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Purple Heart.

3.  Records show that General Orders awarded the applicant the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force from 1 October 1970 through 31 March 1971.  Therefore, it would be appropriate to correct his records to show this award.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 25 March 1970 through 25 August 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, it would be appropriate to correct of his records to show this award.

5.  The evidence of record shows that the applicant was a qualified medical department enlisted Soldier and he performed the principal duty of company aidman (Duty MOS 91B2O) for approximately 7 months while assigned to an infantry unit and serving in the RVN.  In addition, the evidence of record shows the applicant was assigned to the unit while engaged in active ground combat and that he was personally present and came under fire during such ground combat.  Therefore, it would be appropriate to correct the applicant's records to show award of the Combat Medical Badge.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.
BOARD VOTE:

____X____  ____X____  ____X____  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:

     a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 25 March 1970 to 25 August 1971;

     b.  awarding the applicant the Combat Medical Badge for satisfactorily performing medical duties in active ground combat from 30 September 1970 to 17 April 1971; and

     c.  adding to Item 24 of his DD Form 214 the Bronze Star Medal, Purple Heart, Good Conduct Medal, Combat Medical Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      __________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005590



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ABCMR Record of Proceedings (cont)                                         AR20080005590



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