IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100018956 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Medical Badge.

2.  The applicant states the Purple Heart and Combat Medical Badge were not entered on his DD Form 214.  He further states that he served with the
1st Battalion, 6th Infantry Regiment in the Republic of Vietnam.  He was shot while patching up another Soldier who had been shot.

3.  The applicant provides copies of his DD Form 214 and DA Form 8-274 (Medical Condition - Physical Profile Record).

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 1 April 1968 for 2 years.  He completed his initial training and he was awarded military occupational specialty 91B (Medical Corpsman).

3.  Special Orders Number 137, issued by Headquarters, U.S. Army Training Center Infantry, Fort Bragg, NC, dated 16 May 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  On or about 26 March 1969, the applicant departed the United States for duty in the Republic of Vietnam.  On 2 May 1969, he was assigned as a student to the 23rd Administration Company.  On 12 May 1969, he was further assigned to the 1st Battalion, 6th Infantry Regiment, 199th Infantry Brigade for duty as a medical corpsman.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "Left Thigh - 11 Jun 69."

6.  On 16 June 1969, the applicant was a patient at the Medical Holding Company, 7th Field Hospital, Vietnam.  On 25 July 1969, he was reassigned as a patient at Womack Hospital, Fort Bragg.

7.  A DA Form 3349 (Medical Condition - Physical Profile Record), dated 22 August 1969, filed in his service records, reports that he had received a gunshot wound to his left thigh and he was given a temporary profile limiting his physical activities.

8.  On 3 September 1969, the applicant was assigned for duty as an ambulance driver with the 429th Medical Company located at Fort Bragg.

9.  On 31 March 1970, the applicant was honorably released from active duty at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4, and he had completed 2 years of total active service.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, [Republic of] Vietnam Campaign Medal with Device [1960], and the Vietnam Service Medal.

11.  Item 38 (Record of Assignments) of his DD Form 214 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander disqualification for the first award of the Army Good Conduct Medal.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

13.  Army regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment 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.

14.  Army Regulation 600-8-22 provides 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.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

16.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:


* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded as a result of enemy action on 11 June 1969 and that he received medical treatment for those wounds.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The available evidence clearly shows that the applicant was a medical corpsman assigned to an infantry unit of regimental or smaller size which was engaged in active ground combat.  The gunshot wound he received as a result of enemy action is sufficient proof that he had been in contact with the enemy and he was under fire during such ground combat.  Therefore, he is entitled to award of the Combat Medical Badge and correction of his DD Form 214 to show this award.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of SP4/E-4 and receiving all "excellent" conduct and efficiency ratings during his service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  Records show the applicant participated in two campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Army Vietnam and its subordinate units during 


the period 20 July 1965 to 28 March 1973.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign unit award.

6.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.  Therefore his DD Form 214 should be corrected to show this qualification badge.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received in action on 11 June 1969;

	c.  awarding him the Army Good Conduct Medal (1st award) for the period
1 April 1968 through 31 March 1970;

	d.  awarding him the Combat Medical Badge, effective 11 June 1969; and

	e.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Combat Medical Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar



      ____________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)                                         AR20100018956



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ABCMR Record of Proceedings (cont)                                         AR20100018956



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