IN THE CASE OF:	  

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090003476 


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 Combat Medical Badge, the Purple Heart, and the Bronze Star Medal with "V" Device.

2.  The applicant states, in effect, that the above awards are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 16 March 1968.

3.  The applicant provides no additional documentation in support of this case.

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 into Army on 17 March 1966 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 91A (Medical Corpsman).

3.  The applicant arrived in Vietnam with the 1st Medical Company (Ambulance) on or about 1 November 1966 where he performed duties as an ambulance orderly and driver.

4.  1st Medical Company (Ambulance) Unit Order Number 55, dated 5 December 1966, shows that the applicant was advanced to the rank of private first class.  Distribution on the orders shows the 1st Medical Company (Ambulance) fell under the command of the 70th Medical Battalion, the 71st Evacuation Hospital, and the 55th Medical Group.

5.  The applicant departed Vietnam on or about 31 October 1967.

6.  On 16 March 1968, the applicant was honorably released from active duty after completing 2 years of creditable active service.

7.  The applicant's DD Form 214 with the period ending 16 March 1968 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge (Rifle Bar), and two overseas service bars.

8.  There are no general orders in the applicant’s service personnel records that show he was awarded the Combat Medical Badge, the Purple Heart, or the Bronze Star Medal with "V" Device.

9.  There also is no evidence in the applicant's 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.

10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was wounded and item 41 (Awards and Decorations) does not show award of the Combat Medical Badge, the Purple Heart, or the Bronze Star Medal with "V" Device.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart or the Bronze Star Medal with "V" Device.

12.  The applicant's Army medical treatment records are unavailable.

13.  Army Regulation 600-8-22 (Military Awards) at the time provided, in pertinent part, that the Combat Medical Badge was awarded to medical department personnel (colonel and below) who were 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 is engaged in active ground combat.  Battle participation credit was 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.  The Combat Medical Badge stemmed from a requirement to recognize medical aidman who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier.

14.  Army Regulation 600-8-22 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.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  This regulation also provides, in pertinent part, that the "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy.

16.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a 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 evidence of record shows that the applicant was assigned to the 1st Medical Company (Ambulance) while in Vietnam and his principal duties were ambulance orderly and driver.

2.  The three criteria for award of the Combat Medical Badge at the time were to perform medical duties, hold a medical specialty, and be assigned 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.  As such, the applicant does not qualify for award of the Combat Medical Badge.  Records show that the applicant was not assigned or attached to an infantry unit. He was assigned to a medical company that fell under the command of the 55th Medical Group which regrettably makes him ineligible for award of the Combat Medical Badge.

3.  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.

4.  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.

5.  There is no evidence in the available records and the applicant has not provided evidence that shows he was awarded or recommended for award of  the Bronze Star Medal with "V" Device for heroism.  Unfortunately, there is insufficient evidence to warrant awarding him the Bronze Star Medal with "V" Device.

6.  While the available evidence is insufficient for showing the applicant was awarded the Bronze Star Medal with "V" Device, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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)                                         AR20090003476



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ABCMR Record of Proceedings (cont)                                         AR20090003476



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