IN THE CASE OF:	  

		BOARD DATE:	       18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080006974


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 award of the Purple Heart, the Good Conduct Medal, the Combat Medical Badge, and unnamed unit awards.  He also requests that his already awarded Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was wounded in the right shoulder by shrapnel and he has a scar from it.  He went to the Aid Station to have it cleaned up.  He also states his Bronze Star Medal was awarded, but not added to his DD Form 214.

3.  The applicant provides two DD Forms 214 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 for a period of 3 years on 27 March 1963.  He completed basic combat and advanced individual training (BCT and AIT) and was awarded military occupational specialty (MOS) 911.10 (Medical Specialist).  On 13 May 1965, he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted for 3 years on 14 May 1965.  The highest rank/grade he attained during both periods of military service was specialist four (SP4/E-4).  He was discharged on 13 May 1968. 

3.  The applicant’s records show that he served in the Republic of Vietnam from 20 October 1966 to 16 October 1967.  He was assigned to the 51st Medical Company (Ambulance) as an ambulance driver.

4.  The applicant's records also reveal a lengthy disciplinary history which includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), as follows:

	a.  on 5 January 1965, for indebtedness, failure to obey an order to get a haircut, and failure to obey an order to clean his living area.  His punishment consisted of detention of $23.00 pay and 14 days of restriction;

	b.  on 20 February 1965, for wrongfully appearing in an improper uniform.  His punishment consisted of an oral reprimand and 14 days of extra duty;

	c.  on 27 April 1965, for losing through neglect a vehicle log book.  His punishment consisted of an oral reprimand and 14 days of restriction;

	d.  on 2 August 1965, for failing to go at the time prescribed to guard mount formation, on or about 27 July 1965.  His punishment consisted of reduction to private (PVT/E-2) and 14 days of restriction; and

	e.  on 23 February 1967, for wrongfully appearing for guard duty in an unclean uniform and with an unclean weapon, on or about 22 February 1967.  His punishment consisted of forfeiture of $35.0 pay for one month, and 14 days of extra duty;

5.  Additionally, the applicant's records reveal conduct and efficiency ratings that were not uniformly excellent; he received an unsatisfactory efficiency rating in 1963, and a good efficiency rating in 1965.


6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 13 May 1968, does not show award of the Purple Heart, the Bronze Star Medal, the Good Conduct Medal, or the Combat Medical Badge.  It also does not show any unit awards.

7.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows a blank entry.  Item 41 (Awards and Decorations) does not show award of the Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the Combat Medical Badge, or any unit awards.

8.  The applicant's records do not contain orders awarding him the Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the Combat Medical Badge, or any unit awards.

9.  The applicant's name is not shown on the Vietnam Casualty Roster, and his medical records are not available for review with this case.

10.  The applicant's records contain a DA Form 20 (Enlisted Qualification Record).  This document, in Item 38 (Record of Assignments), shows:

	a.  the applicant entered active service on 27 March 1963;

	b.  on 14 June 1963, he received an "Unsatisfactory" efficiency rating in AIT; and

	c.  on 25 June 1965, he received a "Good" efficiency rating while serving in his MOS.

11.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders, Bronze Star Medal orders, Good Conduct Medal orders, Combat Medical Badge orders, or any unit award orders on file for the applicant.

12.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part:

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment by medical personnel; and (3) the medical treatment was made a matter of official record.  During Vietnam, US Army Vietnam (USARV) Regulation 672-1
(Decorations and Awards) provided for award of the Purple Heart.  It stated that Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

	c.  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.  During Vietnam, Army Regulation 672-5-1 provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

	d.  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.  There were special provisions for award of the Combat Medical Badge during the Vietnam conflict.  These provisions permitted award of the Combat Medical Badge to Soldiers assigned to a Vietnamese unit engaged in actual ground 
combat or as a member of U.S. Army infantry unit of brigade or smaller size, 

including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat.  The special provisions required that the Soldier must have been personally present and under hostile fire while assigned as specified.

13.  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 does not show the 51st Medical Company as receiving any unit awards.  However, this document does show the applicant is qualified to receive the Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.  This was a basic award of the Vietnam Gallantry Cross with Palm Unit Citation for every Soldier who served in Vietnam.

14.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart, the Good Conduct Medal, the Combat Medical Badge, and unnamed unit awards.  He also requests that his already-awarded Bronze Star Medal be added to his DD Form 214.

2.  Regarding the Purple Heart, there is no evidence in the record, nor has the applicant provided any evidence to show that he was wounded as a result of hostile action; that the wound required medical treatment; and that the medical treatment was made a matter of official record.  Entitlement to the Purple Heart cannot be established.

3.  Regarding the Combat Medical Badge, the applicant held a medical specialist MOS; however, he was never 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.  He was assigned to the 51st Medical Company (Ambulance) and he served as an ambulance driver according to his service records.  Entitlement to the Combat Medical Badge is not established.

4.  Regarding the Bronze Star Medal which the applicant states he received in Vietnam, there are no orders awarding him the Bronze Star Medal.  All personal decorations must be supported by a formal recommendation, approval through the chain of command, and announcement in orders.  There are no orders in the applicant's records and there are no orders in ADCARS awarding him the Bronze Star Medal.

5.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

6.  Regarding the Good Conduct Medal, criteria in effect during the Vietnam War era provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  The applicant did not qualify for award of the Good Conduct Medal because:

	a.  The applicant received a less than "Good" efficiency rating on 14 June 1963 while in AIT [he received an "Unsatisfactory" rating].  This was disqualifying and served to restart his 3-year period, taking the end date to 13 June 1966.

	b.  On 25 July 1965, the applicant received an efficiency rating of "Good" while serving in his MOS.  This was disqualifying [a rating of "Excellent" was required to continue qualification for the Good Conduct Medal] and served to restart his 3-year period, taking the end date to 24 July 1968.

	c.  The applicant separated on 13 May 1968, more than 1 month shy of the 24 July 1968 qualifying end date for the Good Conduct Medal.

7.  The applicant, like all Soldiers who served in Vietnam during the war, is entitled to award of the Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders.  He is not entitled to any other unit decorations.
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 adding the Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214, dated 13 May 1968.

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 Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the Combat Medical Badge, and unnamed unit awards.



      ___        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)                                         AR20080006974



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