IN THE CASE OF:	   

		BOARD DATE:	        25 November 2008

		DOCKET NUMBER:  AR20080012106 


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, award of the Purple Heart, Combat Medical Badge, and the Presidential Unit Citation with two oak leaf clusters.

2.  The applicant states, in effect, he is entitled to the requested awards and that he was treated for a shrapnel wound. 

3.  The applicant provides no additional documentary evidence 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 record shows that he was inducted into the Army of the United States and entered active duty on 21 December 1965.  He completed basic and advanced individual training and was awarded military occupational specialty 91A (Medical Corpsman).  The highest rank he attained while serving on active duty was the grade of private first class (PFC)/pay grade E-3.  The applicant was released from active duty on 12 December 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 1 June 1966 through 23 May 1967.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to the 51st Field Hospital performing duties in MOS 91A.

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart, Combat Medical Badge, or the Presidential Unit Citation.  Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 6 July 1967.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he earned the National Defense Service Medal, Republic of Vietnam Campaign Medal, and the Vietnam Service Medal with bronze service star.  The Purple Heart, Combat Medical Badge, and the Presidential Unit Citation are not shown in the list of awards and the applicant authenticated this document with his signature in Item 32 (Signature of Member Being Transferred or Discharged) on the date of his release from active duty.

6.  The applicant's name does not appear on the Vietnam Casualty Roster.  

7.  There is no evidence in the available records which show the applicant was ever wounded as the result of a hostile action or was recommended for or awarded the Purple Heart.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for award of the Purple Heart.


9.  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 military medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism, gallantry, determination and esprit de corps in action.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  It shows the unit the applicant was assigned to while serving in the Republic of Vietnam, the 51st Field Hospital, was not cited for award of the Presidential Unit Citation for actions in the Republic of Vietnam.

12.  The applicant's record is void of any evidence that shows he was ever 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 and personally present and under fire while the infantry unit was in contact with the enemy during ground combat.

13.  Army Regulation 600-8-22 provides, in pertinent part, that to be awarded the Combat Medical Badge for service in the Republic of Vietnam the applicant must have been assigned to a Vietnamese unit engaged in actual ground combat or as a member of a U.S. Army infantry unit of brigade or smaller size, including Special Forces Detachments, serving with a Republic of Vietnam unit engaged in actual ground combat.  The Republic of Vietnam unit must have been of regimental size or smaller and either an infantry, ranger, infantry-type unit of the civil guard, infantry-type unit of the self-defense corps, or of the irregular forces. The applicant must have been personally present and under hostile fire while assigned as specified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Purple Heart, Combat Medical Badge, and the Presidential Unit Citation was carefully considered.



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

3.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

4.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing award of the Presidential Unit Citation.  In the absence of evidence that the applicant served in a unit cited for award of the Presidential Unit Citation, there is insufficient evidence upon which to base award of Presidential Unit Citation.

5.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing award of the Combat Medical Badge.  In the absence of evidence that the applicant served in a unit for which unit members may be eligible for the Combat Medical Badge, there is insufficient evidence upon which to base award of the Combat Medical Badge.

6.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X____  ___X___  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.



      _______ _   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)                                         AR20080009075



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ABCMR Record of Proceedings (cont)                                         AR20080012106



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