IN THE CASE OF:	  

		BOARD DATE:	        08 JANUARY 2009

		DOCKET NUMBER:  AR20080016573 


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 his award of the Purple Heart be added to his records.

2.  The applicant states that he was awarded the Purple Heart and did not receive it until after he had been discharged.  Accordingly, he desires it to be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214, a copy of his Honorable Discharge Certificate, a copy of his Purple Heart Certificate, a copy of orders awarding him the Army Commendation Medal (ARCOM) with "V" Device, a copy of his Veterans Administration service-connected disability compensation, and a copy of his membership in the Military Order of the Purple Heart.

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 born on 7 January 1937 and enlisted in the Regular Army in El Paso, Texas, on 16 December 1958 for a period of 3 years.  He completed his training as a medical specialist and remained on active duty through a series of continuous reenlistments.  He was promoted to the rank of specialist five on 24 June 1963.

3.  He was transferred to Vietnam on 8 September 1966 for assignment to the 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division, as a senior medical aidman.

4.  On 9 March 1967, the applicant was wounded in action against an enemy force in Tuy Hoa, Phu Yen Province, and suffered a spinal fracture, fragment wounds to the right thigh, and second degree burns to the face and right forearm.  He was initially evacuated to the 8th Field Hospital where he was awarded the Purple Heart on 13 March 1967.  He was subsequently evacuated to the burn unit at the 106th General Hospital in Yokohama, Japan, and then to the William Beaumont General Hospital in El Paso, Texas, on 15 April 1967.

5.  On 23 September 1967, General Orders Number 3069 were published by Headquarters, 4th Infantry Division, awarding the applicant the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 9 March 1967.  As part of the citation, it indicates that the applicant administered first aid to the wounded during the attack and, disregarding his own wounds, refused medical attention until others were treated.

6.  On 3 November 1967, he was transferred to Fort Hood, Texas, for duty as a senior ward specialist at the 21st Evacuation Hospital.  He remained at Fort Hood until 4 April 1968 when he was honorably discharged due to the expiration of his term of service.  He had served 9 years, 2 months, and 22 days of total active service.  His DD Form 214 issued at the time of his discharge reflects that he was awarded the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, the ARCOM, the National Defense Service Medal, and the Good Conduct Medal.

7.  A review of the available records fails to reveal a copy of the orders awarding him the Purple Heart.  However, his name is contained on the Vietnam casualty listing as being wounded on 9 March 1967.

8.  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.

9.  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.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal Unit Citation, First Class, during the period he was assigned to the unit.  Additionally, he participated in four campaigns while assigned to Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders in the available records awarding the applicant the Purple Heart, there is sufficient evidence to show that he was in fact wounded as a result of enemy action and that he was treated for those wounds.  Accordingly, his Purple Heart Certificate is accepted as sufficient proof that he was awarded the Purple Heart as he contends.  Therefore, he is entitled to have that award entered on his records at this time.

2.  The applicant was also awarded the ARCOM with "V" device for heroism during the same actions in which he was wounded.  However, his records simply show the award of the ARCOM.  Accordingly, it would be in the interest of justice to add the award of the "V" device to his award of the ARCOM at this time.

3.  The evidence of record clearly shows that the applicant was serving as a medic in an infantry unit at the time he was wounded and was awarded the Purple Heart and the ARCOM with "V" device for heroism.  Accordingly, he is entitled to be awarded the Combat Medical Badge effective 9 March 1967.

4.  The evidence of record also shows that subsequent to his discharge, the applicant became entitled to awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal Unit Citation, First Class.  Accordingly, it would be in the interest of justice to award them to him at this time and add them to his records.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Medical Badge effective 9 March 1967; by adding his award of the Purple Heart, the Combat Medical Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation, First Class; and by adding his award of the "V" device to the ARCOM that is currently reflected on his records.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20080016573



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ABCMR Record of Proceedings (cont)                                         AR20080016573



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