BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090006047 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Bronze Star Medal with "V" Device, and the Combat Medical Badge.

2.  The applicant states, in effect, that on 7 May 1968 while serving as a medic he was wounded three times in Vietnam during a firefight.  He contends that he was evacuated to the field hospital and General Westmoreland awarded him two awards of the Purple Heart and the Bronze Star Medal with "V" Device while he was hospitalized.

3.  The applicant provides a copy of his DD Form 214; a letter, dated 15 December 2008, from the Military Order of the Purple Heart; and documentation from the Department of Veterans Affairs 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 enlisted in the Regular Army on 21 March 1967 for a period of 3 years.  He was awarded military occupational specialty (MOS) 91B (medical specialist).  He served in MOS 91B while assigned to Headquarters and Headquarters Company, 1st Battalion (Airborne), 502nd Infantry, in Vietnam from 24 January 1968 until he was wounded in action on 7 May 1968 and evacuated to the United States on 30 May 1968 for further medical treatment.  On 20 March 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Parachutist Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.

4.  There are no orders for the Purple Heart in the available records.  However, a Western Union telegram, dated 15 May 1968, states the applicant was slightly wounded in Vietnam on 7 May 1968 as a result of hostile action.  The telegram also states that he was hit by a fragment from a hostile anti-tank round while on a combat operation.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded on 22 April 1968 and on 7 May 1968.

6.  The Vietnam casualty roster shows the applicant was wounded on 7 May 1968.

7.  There are no orders for the Bronze Star Medal with "V" Device or the Combat Medical Badge in the available records.

8.  A 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

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.  The regulation provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

11.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The regulation states that the bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" Device in conjunction with award of the Bronze Star Medal.

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.  The Western Union telegram, the entry on the applicant's DA Form 20, and the entry on the Vietnam casualty roster which show the applicant was wounded in action on 7 May 1968 are accepted as sufficient evidence on which to base award of the Purple Heart in this case.

2.  There is no evidence of record and the applicant provided none to show he was wounded more than once on 7 May 1968.

3.  Although item 40 of the applicant's DA Form 20 shows he was also wounded on 22 April 1968, there are no orders for the Purple Heart and the applicant contends that he was only wounded on 7 May 1968.  In the absence of orders or any other evidence which shows the applicant was wounded as a result of hostile action on 22 April 1968, this entry on the applicant's DA Form 20 is not sufficient as a basis for an additional award of the Purple Heart.

4.  There are no orders for the Bronze Star Medal with "V" Device in the available records.  Therefore, there is insufficient evidence on which to add the Bronze Star Medal with "V" Device to his DD Form 214.  

5.  The evidence of record shows the applicant held and served in a medical MOS and that he was assigned to the medical unit of the 1st Battalion, 502nd Infantry, during his assignment in Vietnam.  The evidence of record also shows he was wounded in action while on a combat operation.  Therefore, there is sufficient evidence on which to base award of the Combat Medical Badge in this case.

6.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

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:

	a.  awarding him the Purple Heart for wounds received in action on 7 May 1968 in Vietnam;

	b.  awarding him the Combat Medical Badge; and 

	c.  adding the Purple Heart, the Combat Medical Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

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 the Bronze Star Medal with "V" Device or additional awards 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)                                         AR20090006047



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ABCMR Record of Proceedings (cont)                                         AR20090006047



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