IN THE CASE OF:	  

		BOARD DATE:	       24 September 2008

		DOCKET NUMBER:  AR20080011975 


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 correction of his military records to show awards of the Purple Heart and the Combat Medical Badge.

2.  The applicant states, in effect, that he was struck in the left leg from fragments of a mortar round and lost hearing in his left ear in mid 1969 while he was serving in Vietnam as a medic.  He further states that paperwork was not submitted at that time; however, proper acknowledgement is due at this time for his experience and injuries in Vietnam.

3.  The applicant provides an undated Department of Veterans Affairs (VA) Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder); a service connected compensation memorandum from the VA, dated 23 January 2008; and a one page e-mail message. 

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 the Regular Army on 1 December 1967 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 91B (Medical Specialist).  The applicant was honorably discharged on 1 August 1968 and immediately reenlisted on 
2 August 1968.  

3.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Service Battery, 6th Battalion, 11th Field Artillery, 11th Light Infantry Brigade on or about 26 September 1968 where he performed duties as a medical specialist.  

4.  The applicant departed Vietnam on or about 25 September 1969.  

5.  The applicant's records show that he was absent without leave (AWOL) for the following periods 28 December 1969 through 7 January 1970, 2 March 1970 through 15 February 1971, 16 February 1971 through 25 May 1971, and 
17 September 1971 through 19 September 1971.

6.  On 30 December 1971, the applicant was honorably released from active duty after completing 2 years, 11 months, and 23 days of creditable active service with 403 days time lost due to AWOL.  His DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge) indicates that he was discharged by reason of physical disability (EPTS) [existed prior to service] as established by a Physical Evaluation Board.  It also indicates the applicant was not entitled to receive severance pay.

7.  The applicant's DD Form 214 with the period ending 30 December 1971 shows he was awarded the Vietnam Service Medal with four bronze service bars, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and two overseas service bars.

8.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart or the Combat Medical Badge.  There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam Casualty Roster.  



9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart or the Combat Medical Badge. 

10.  The applicant's Army Medical Treatment Records are unavailable.

11.  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.  

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action.  

2.  Regrettably, lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

3.  Evidence of record shows that the applicant was assigned to Headquarters and Headquarters Service Battery, 6th Battalion, 11th Field Artillery, 11th Light Infantry Brigade while in Vietnam and his principal duties were medical specialist. However, the three criteria for award of the Combat Medical Badge are to perform medical duties, hold a medical specialty, and be assigned 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.  Records show that the applicant was assigned to an Artillery Battalion which regrettably makes him ineligible for award of the Combat Medical Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  ___xx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________xxxx________
               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)                                         AR20080011975



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ABCMR Record of Proceedings (cont)                                         AR20080011975



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