IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100010478 


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 the following:

* award of the Purple Heart
* award of the Combat Infantryman Badge
* award of the Combat Medical Badge 
* issue of two Bronze Star Medal certificates 
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all his awards and decorations

2.  The applicant states that due to an administrative error he was not awarded the Purple Heart.  He states he was wounded in action by hostile forces in an enemy zone and asks for award of the Purple Heart.  He states he was wounded at two separate locations.  The first location was at Landing Zone Baldy and then at Camp Evans during enemy rocket and mortar attacks.  Additionally, he states he was not awarded the Combat Infantryman Badge or the Combat Medical Badge for his actions at these two sites.  He concludes by stating he was not given the certificates for the two Bronze Star Medals he received which are shown on his DA Form 20 (Enlisted Qualification Record).

3.  The applicant provides two letters from a combat veteran and page 4 of his DA Form 20, dated 29 November 1968, 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 15 March 1966.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  After completing the required training on 26 April 1967, he was awarded military occupational specialty 91B (Medical Specialist).  The highest rank he attained was specialist five (temporary)/pay grade E-5.

3.  The applicant served in the Republic of Vietnam from on or about 1 December 1967 to 30 November 1968 as a medical specialist with Company A, 15th Medical Battalion, 1st Cavalry Division (Air Mobile).

4.  The applicant's DA Form 20 contains the following entries:

	a.  item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings throughout his active duty service.  His military personnel records do not show any lost time or record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice and no record of court-martial.

	b.  item 40 (Wounds) does not show an entry for wounds received by hostile action;

	c.  item 41 (Awards and Decorations) shows the following awards:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Bronze Star Medal (13 October 1968)
* two overseas service bars
* Combat Medical Badge

5.  The applicant's service records do not contain general orders awarding him the Purple Heart.  However, three orders were retrieved from his service records awarding him two Bronze Star Medals and the Combat Medical Badge:

	a.  Headquarters, 1st Cavalry Division (Air Mobile),General Orders Number 2530, dated 22 April 1968, show he was awarded the Bronze Star Medal for meritorious achievement on 3 January 1968.

	b.  Headquarters, 1st Cavalry Division (Air Mobile), General Orders Number 13091, dated 13 October 1968, show he was awarded the Bronze Star Medal for meritorious service from December 1967 to November 1968.

   c.  Headquarters, 1st Cavalry Division (Air Mobile), Special Orders Number 351, dated 17 December 1967, show he was awarded the Combat Medical Badge while assigned to Company A, 15th Medical Battalion.

6.  The applicant was honorably released from active duty on 2 December 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 that shows he competed 2 years, 9 months, and 18 days of active service with 1 year and 1 day of foreign service with U.S. Army Pacific Command.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows these awards:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Medical Badge
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Parachutist Badge
* two overseas service bars

8.  The applicant's name is not listed on the Vietnam casualty roster as being injured during combat operations.  His military medical records are not available for the Board's review.

9.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

10.  As evidence to support his application, the applicant provided two letters from a combat veteran who served with him in the Republic of Vietnam.

	a.  The veteran states that late in 1967 their compound came under enemy mortar attack with a round going off very close to them.  He thought the mortar hit the doctors' tent.  The applicant assisted him in treating a dentist who was seriously wounded.  They put the wounded dentist in a litter and carried him to the hospital.  They also treated other wounded Soldiers.  During this enemy mortar attack he and the applicant were also wounded by mortar fragments.  He states the applicant was wounded "in the knee, etc."  The veteran concludes by saying he received a Purple Heart for his wounds.

	b.  In the second letter, the same veteran states that he and the applicant were wounded when their location at Landing Zone Baldy was attacked.  He states they "were bleeding from flack and cuts…the [commanding officer] said the wounds were minor so he squashed it" referring to the Purple Heart award recommendations.  He continues by stating the applicant was wounded a second time while serving at Camp Evans during the Tet Offensive operation.  He thinks the date was "March 5th" based on a tag stored with his own Purple Heart medal.  He recalls the "casualty reporter witnessed both times and said you'll get your purple heart this time."

11.  References:

	a.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services has been wounded, killed, or who has died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

	b.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, provided that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that was received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	c.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

	d.  Army Regulation 672-5-1, in effect at the time, stated 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

	e.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  Appendix B shows the campaigns for Vietnam and states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  During the applicant's tour of duty in Vietnam, he participated in five campaigns:

* Vietnamese Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnamese Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968-22 February 1969)

	f.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit to which the applicant was assigned was awarded the:

* Meritorious Unit Commendation for the period 1 June 1967-31 May 1968 by Department of the Army General Orders Number 28, dated 1969
* Meritorious Unit Commendation for the period 1 June 1968-30 November 1969 by Department of the Army General Orders Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 by Department of the Army General Orders Number 59, dated 1969

	g.  Army Regulation 600-8-22 provides that an oak leaf cluster is authorized for wear for each additional award of the Meritorious Unit Commendation.

	h.  Army Regulation 672-5-1, in effect at the time, provided that individual certificates would be furnished for presentation with each award decoration except for the Presidential Medal of Freedom.  Award certificates will be completed by the commander making the award and require his personal signature.  The grade, name, service number, branch, place and date of act, achievement or service of the recipient will be inserted on the certificate.  A provision for individuals to whom U.S. military decorations had been awarded subsequent to 7 December 1941 and to whom an appropriate certificate for the decoration had not been issued could make a separate application.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should receive a Purple Heart, Combat Infantryman Badge and Combat Medical Badge for his service in the Republic of Vietnam.  Additionally, he contends he should receive two Bronze Star Medal certificates because he did not receive them when he was given his medals.   In addition, after he is awarded the Purple Heart, his discharge document should be updated to show all his authorized military decorations and service awards.

2.  The applicant's name is not listed on the Vietnam casualty roster and his military medical records are not available for review.  Item 40 of his DA Form 20 does not show an entry for wounds received by hostile action.  With no published orders awarding him the Purple Heart filed in his military service record and no medical records showing the applicant's injury resulted from hostile or enemy action, there is insufficient evidence upon which to base award of the Purple Heart.

3.  The applicant contends he received two Bronze Star Medals, but did not receive the Bronze Star Medal certificates that normally accompany an award or decoration.  As a matter of equity, it would be appropriate to issue the applicant two Bronze Star Medal certificates as follows:

	a.  the first certificate is for meritorious achievement not involving participation in aerial flight on 3 January 1968 in connection with military operations against a hostile force in the Republic of Vietnam and

	b.  the second certificate is for meritorious service not involving participation in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam from December 1967 to November 1968.

4.  The applicant was awarded the Combat Medical Badge through the publication of special orders and this award is already properly reflected on his DD Form 214.  As the applicant did not serve as an infantryman in an infantry unit during combat operations with hostile forces, he is not entitled to award of the Combat Infantryman Badge.

5.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his tenure of service and that he was fully qualified for reenlistment.  There is no record of evidence showing a commander's disqualification.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of a qualifying period of service from 15 March 1966 to 2 December 1968 ending with the termination of his first period of qualifying active military service. 

6.  General orders awarded the applicant's unit the following awards that are not reflected on his DD Form 214.  Therefore, he is entitled to a correction of his record to show the:

* Meritorious Unit Commendation with Oak Leaf Cluster
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

7.  Records show the applicant was awarded the Vietnam Service Medal with no bronze service stars.  Records show he participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to one silver service star in lieu of five bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 15 March 1966 to 2 December 1968;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Bronze Star Medal;

	c.  adding to item 24 of his DD Form 214 the following awards:

* Bronze Star Medal with oak leaf cluster
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation with oak leaf cluster
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	d.  preparing and issuing two Bronze Star Medal certificates as follows:

		(1)  the first certificate is "for meritorious achievement not involving participation in aerial flight on 3 January 1968 in connection with military operations against a hostile force in the Republic of Vietnam by authority of General Orders Number 2530 issued by Headquarters, 1st Cavalry Division (Air Mobile), on 22 April 1968"; and

		(2)  the second certificate is "for meritorious service not involving participation in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam from December 1967 to November 1968 by authority of General Orders Number 13091 issued by Headquarters, 1st Cavalry Division (Air Mobile), on 13 October 1968."
2.  The Board further determined 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 a Purple Heart and the Combat Infantryman Badge.



      ___________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)                                         AR20100010478



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ABCMR Record of Proceedings (cont)                                         AR20100010478



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