IN THE CASE OF:	  

		BOARD DATE:	       11 September 2008

		DOCKET NUMBER:  AR20080009750 


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, that awards be updated by showing two awards each of the Bronze Star Medals with "V" and the Purple Heart.   

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge) is incomplete in that it does not show all of his awards.  He was wounded by fragments in March 1968 and hospitalized for fragment wounds to his back and a concussion in April 1968. 

3.  The applicant provides copies of a 3 August 2006 letter from the National Personnel Records Center, discharge orders, general orders for the Bronze Star Medal with "V" Device, special orders for the Combat Medical Badge and his DD Form 214.   

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 was inducted on 2 July 1966.  He completed training as a infantryman in military occupational specialty (MOS) 11B and was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert  Marksmanship Qualification Badge with Machinegun Bar.  He then completed basic airborne training and was awarded the Parachutist Badge.  He volunteered for training as a medic and, in December 1966, was assigned as a litter bearer with D Company 307th Medical Battalion at Fort Bragg, North Carolina.

3.  He was advanced to private first Class (E-3) on 6 February 1967.  He completed advanced individual training as a medical aid man in MOS 92A1P at Fort Sam Houston, Texas and returned to the 307th Medical Battalion at Fort Bragg.

4.  The applicant deployed to Vietnam with D Company 307th Medical Battalion on 14 February 1968.  He served as a litter bearer and returned to Fort Bragg on 11 June 1968.

5.  On 18 June 1968 the applicant was released from active duty and transferred to the Army Reserve Control Group (Annual Training) in pay grade E-5.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Combat Medical Badge and Parachutist Badge. 

6.  His DA Form 20 (Enlisted Qualification Record) shows, in item 41 (Awards and Decorations) the National Defense Service Medal, Parachutist Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar.  There is no entry in item 40 (Wounds).  His name does not appear on the Vietnam Casualty Roster. 

7.  The applicant wrote in item 33 [Other Medical Treatment] of the Standard Form 89 (Report of Medical History) that was prepared for his 10 June 1968 separation medical exam that he had sustained fragment wounds to both legs on 
2 March 1968 and been treated at the 307th clearing station and returned to duty 24 hours later.  In item 39, the examining physician wrote, "frag wounds legs-no seq" [sequela-a following, resulting or remaining condition]."

8.  General Orders Number 5058 Headquarters 101st Air Cavalry Division, dated 21 August 1968, awarded him the Bronze Star Medal with "V" Device for heroism on 21 May 1968.  

9.  In January 1969 the applicant wrote to inquire about receiving the Purple Heart he thought he had been promised.  In December 1969 the Assistant Adjutant General, United States Army Vietnam replied that he was unable to determine that "a 307th Medical Battalion ever existed in Vietnam." 

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.

11.  The regulation also 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.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he served during the following three campaign periods: Tet Counteroffensive - 30 January through 1 April 1968; Vietnamese Counteroffensive Phase IV - 2 April through 30 June 1968; and Vietnamese Counteroffensive Phase V - 1 July through l November 1968.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

13.  Army Pamphlet 672-3 shows that 307th Medical was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 12 March through 4 October 1968 by Department of the Army General Order Number 48 of 1971. 

14.  There is no available evidence in the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that the applicant was awarded any medals or decorations.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant reported that he was wounded as the result of enemy action on 2 March 1968.  However, there is no record of treatment for a wound of enemy origin and that the treatment was made a matter of official record.  As such, his request for award of the Purple Heart should be denied. 
2.   After the applicant was released from active duty, he was awarded the Bronze Star Medal with "V" Device for heroic action on 21 May 1968.

3.  He served in Vietnam during three campaign periods and should be awarded the Vietnam Service Medal with three bronze service stars.

4.  The applicant's unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  He was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  The above mentioned awards should be added to his DD Form 214.

7.  There is no evidence that the applicant was awarded or authorized any other awards or decorations. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X__  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 showing on his DD Form 214, that in addition to the awards already listed, his authorized awards include the Bronze Star Medal with "V" Device, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.


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 an additional Bronze Star Medal with "V" Device and award of the Purple Heart.




      _______ _   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)                                         AR20080009750





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ABCMR Record of Proceedings (cont)                                         AR20080009750



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