BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090011848 


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 Combat Medical Badge, the Army Commendation Medal, and two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

2.  The applicant states, in effect, that although he served as a senior medic assigned to Troop G, 2nd Squadron, 11th Armored Cavalry Regiment in Vietnam, and received two awards of the Purple Heart, he never received the Combat Medical Badge.  He also points out that he served in combat in military occupational specialty (MOS) 91B2O (medical aidman).  He requests that his DD Form 214 be corrected to show two awards of the Purple Heart and the Army Commendation Medal.   

3.  The applicant provides a copy of his DD Form 214; two Honorable Discharge Certificates from the U.S. Army Reserve; and a letter, dated 29 May 2009, from a Member of Congress 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 was inducted into the Army of the United States on 3 January 1968.  He was awarded MOS 91A (medical corpsman) and later MOS 91B (medical aidman).  He arrived in Vietnam on 18 December 1968.  He served in MOS 91A assigned to the 37th Medical Company, 11th Armored Cavalry Regiment in Vietnam from 21 December 1968 through 2 January 1969.  He served in MOS 91B assigned to Headquarters and Headquarters Troop, 2nd Squadron, 11th Armored Cavalry Regiment in Vietnam from 3 January 1969 through 11 November 1969.  On 12 November 1969, he was released from active duty in the temporary rank of specialist five after completing 1 year, 10 months, and 10 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Purple Heart as authorized awards.

4.  There are no orders for the Combat Medical Badge in the available records.

5.  Headquarters, 11th Armored Cavalry Regiment General Orders Number 
84, dated 13 June 1969, show the applicant received the Purple Heart for wounds received in action on 17 April 1969. 

6.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded on 17 April 1969.  

7.  There are no orders in the available records which show the applicant received a second award of the Purple Heart.  However, the Vietnam Casualty Roster shows the applicant was wounded on 8 July 1969.

8.  Headquarters, II Field Force Vietnam General Orders Number 3897, dated 
8 November 1969, show the applicant received the Army Commendation Medal for the period December 1968 to October 1969.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.
10.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

11.  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 document shows the 11th Armored Cavalry at the time of the applicant's assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 50, dated 1971.  

12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  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.  The regulation also states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in general orders.



15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held and served in a medical MOS and that he was assigned to the medical company and HHT of the 11th Armored Cavalry Regiment during his assignment in Vietnam.  The evidence of record also shows he was wounded in action on two separate occasions.  Therefore, there is sufficient evidence on which to base award of the Combat Medical Badge in this case.

2.  Orders show the applicant received the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  Orders show the applicant received the Purple Heart for wounds received in action on 17 April 1969 and his DD Form 214 shows one award of the Purple Heart.  However, the Vietnam Casualty Roster shows the applicant was also wounded on 8 July 1969.  Therefore, the entry on the Vietnam Casualty Roster is accepted as sufficient evidence on which to amend his DD Form 214 to show the Purple Heart with First Oak Leaf Cluster.   

4.  The applicant was separated in the temporary rank of specialist five with 22 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 3 January 1968 through 12 November 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

5.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.

6.  The applicant's unit (2nd Squadron, 11th Armored Cavalry Regiment) was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.



BOARD VOTE:

___x____  ___x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  awarding him the Combat Medical Badge effective 17 April 1969;

	b.  awarding him the first award of the Good Conduct Medal for the period 
3 January 1968 through 12 November 1969; 

	c.  deleting the entry "PURPLE HEART" from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and 

	d.  adding the Combat Medical Badge, the Good Conduct Medal, the Army Commendation Medal, the Purple Heart with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214. 




      _______ _   _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)                                         AR20090011848





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090011848



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1