IN THE CASE OF:	 

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017782 


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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, a second award of the Bronze Star Medal, and the Combat Medical Badge.

2.  The applicant states:

* these awards were omitted from his DD Form 214, probably due to a clerical error
* he received the Bronze Star Medal for meritorious service in Vietnam
* he earned the Combat Medical Badge while in Vietnam

3.  The applicant provides:

* an award certificate, citation, and orders for the Bronze Star Medal for meritorious service during the period May 1969 to May 1970
* an award certificate and orders for the Purple Heart
* DD Form 214

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 9 May 1968 for a period of 3 years.  He was awarded military occupational specialty (MOS) 91A (medical corpsman) and later MOS 91B (medical specialist).  He arrived in Vietnam on 12 May 1969.  He served in MOS 91B assigned to Headquarters and Headquarters Company, 1st Battalion, 46th Infantry, 196th Infantry Brigade, in Vietnam from 25 May 1969 to 13 April 1970.  On 7 May 1971, the applicant was released from active duty in the rank of specialist five after completing 2 years, 11 months, and 29 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal with "V" Device, Army Commendation Medal, two overseas service bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

4.  Headquarters, Americal Division, General Orders Number 8823, dated 29 August 1969, show the applicant received the Purple Heart for wounds received in action on 25 August 1969 in Vietnam.

5.  Headquarters, Americal Division, General Orders Number 10576, dated 15 October 1969, show the applicant received the Bronze Star Medal with "V" Device for heroism on 25 August 1969 in Vietnam.  The citation for this award states, in pertinent part, "while serving as a medic with Company B, 1st Battalion, 46th Infantry…the company was on a search and clear mission."

6.  Headquarters, Americal Division, General Orders Number 3349, dated 2 April 1970, show the applicant received the Bronze Star Medal for meritorious service during the period May 1969 to May 1970 in Vietnam.

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

8.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

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.  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 1st Battalion, 46th Infantry, was awarded the Valorous Unit Award for actions during the period 11-31 August 1969 based on Department of the Army General Orders (DAGO) Number 43, dated 1972.

11.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 46th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970 based on DAGO Number 42, dated 1972.  This unit was awarded a third award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April 1969 to 28 August 1969 based on DAGO Number 6, dated 1974.

12.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

13.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

14.  Army Regulation 600-8-22 states 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.  

15.  Army Regulation 672-5-1, 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.

16.  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, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant's DD Form 214 shows the Bronze Star Medal with "V" Device.  However, orders show the applicant received a second award of the Bronze Star Medal for meritorious service during the period May 1969 to May 1970.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device and First Oak Leaf Cluster.
 
3.  The evidence of record shows the applicant held and served in a medical MOS and that he was assigned to Company B, 1st Battalion, 46th Infantry, during his assignment in Vietnam.  In addition, he was wounded in action and he was awarded the Bronze Star Medal with "V" Device for heroism on 25 August 1969 in Vietnam.  Therefore, there is sufficient evidence on which to base award of the Combat Medical Badge in this case.

4.  The applicant was separated in the rank of specialist five with almost 3 years 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 9 May 1968 through 7 May 1971 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 three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant's unit was awarded the Valorous Unit Award while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.


7.  The applicant's unit was cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 9 May 1968 through 7 May 1971;

	c.  deleting the entry "Bronze Star Medal with "V" Device" from item 13 of his DD Form 214; and

	d.  adding the Purple Heart, Bronze Star Medal with "V" Device and First Oak Leaf Cluster, Combat Medical Badge, Army Good Conduct Medal, Valorous Unit Award, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal in item 13 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)                                         AR20090017782



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ABCMR Record of Proceedings (cont)                                         AR20090017782



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