IN THE CASE OF:	  

		BOARD DATE:	        04 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080005648 


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 that he be awarded the Purple Heart and the Combat Medical Badge (CMB). 

2.  The applicant states, in effect, that he was wounded in Vietnam and should have been awarded the Purple Heart and the CMB for his combat duty assignment in Vietnam.

3.  The applicant provides no additional documents with 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 enlisted in Chicago, Illinois on 19 January 1967 for a period of 2 years.  He completed his basic training at Fort Benning, Georgia and his advance individual training (AIT) at Fort Sam Houston, Texas.  His first permanent duty assignment was to Fort Campbell, Kentucky, where he remained until he was transferred to Vietnam on 1 December 1967.  He was assigned to Company B, 2nd Battalion, 503rd Infantry Regiment for duty as a company aidman.

3.  On 3 April 1968, while serving in the rank of private first class (PFC), the applicant was on an ambush patrol when he was mistaken for a hostile force and was hit by grenade fragments in the left arm from a friendly grenade.

4.  He was evacuated to the 249th General Hospital in Japan for treatment and remained assigned there as a ward specialist until 22 December 1968, when he was transferred to Fort Sheridan, Illinois.    

5.  On 21 January 1969, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years and 3 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  A review of his official records fails to show that he was awarded the CMB or that he was actively engaged with the enemy in combat.  

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 

8.  Army Regulation 600-8-22 (Military Awards) 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.



9.  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 Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.  Additionally, he participated in four campaigns and thus is authorized to wear four bronze service stars on his already-awarded VSM.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the Purple Heart has been noted and appears to have merit.  Under the criteria established for award of the Purple Heart based on friendly fire, the applicant qualifies for award of the Purple Heart.  Accordingly, it would be in the interest of justice to award him the Purple Heart for wounds received in action in Vietnam on 3 April 1968, while serving in the rank of PFC.  

2.  The applicant’s contention that he should have been awarded the CMB for his service in Vietnam has been noted and found to lack merit.  While the evidence does show that he was serving as a medic with an infantry company in Vietnam and that he was wounded, that wound was the result of friendly fire and it is the only evidence in his record that documents his service as a medic in Vietnam.  Therefore, in the absence of evidence to show that he engaged the enemy in combat with his unit, there appears to be no basis to award him the CMB at this time.  

3.  However, there is sufficient evidence to show that he is entitled to award of the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his VSM.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 awarding him the Purple Heart for wounds received in Vietnam on 3 April 1968 while serving as a PFC; and by awarding him the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already-awarded VSM. 

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 award of the CMB.



      ___        XXX                ___
                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)                                         AR20080005648



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ABCMR Record of Proceedings (cont)                                         AR20080005648



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