IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100023814


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Purple Heart.

2.  The applicant states, in effect, he was a combat medic in Vietnam.  He was wounded, he dressed the wound and remained in the field due to a shortage of medics, the wound became infected, and he was medically evacuated to a hospital for care.

3.  The applicant provides:

* a self-authored statement, dated 9 September 2010
* his DD Form 214
* a DA Form 1577 (Authorization for Issuance of Awards)

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 for 2 years on 5 January 1970.  He was trained in military occupational specialty (MOS) 91B (Medical Specialist).  He served in Vietnam as a driver with Company B, 75th Support Battalion, 1st Brigade, 5th Infantry Division, and as a combat medic with Company D, 1st Battalion, 61st Infantry, 5th Infantry Division.

3.  According to the Vietnam casualty roster and the applicant's statement, he was wounded in action on 21 June 1971.  His DA Form 20 (Enlisted Qualification Record) does not show his wounds in item 40 (Wounds) and there are no orders awarding him the Purple Heart in his records.

4.  On 23 December 1971, the applicant was honorably released from active duty in the rank of Specialist Five after completing 1 year, 11 months, and 19 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), National Defense Service Medal, Vietnam Service Medal with one bronze service star, two overseas service bars, the Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal with "V" Device.

5.  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 Purple Heart orders pertaining to the applicant.

6.  Special Orders Number 126, Headquarters, 1st Infantry Brigade, 5th Infantry Division, Vietnam, dated 6 May 1971, awarded the applicant the Combat Medical Badge.

7.  The applicant's DA Form 20 shows he received uniformly "excellent" conduct and efficiency ratings during his service.  There is no record of court-martial convictions.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  During the Vietnam War, Army Regulation 672-5-1 (Decorations and Awards) 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.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit, 75th Support Battalion, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on 30 October 1970 by Department of the Army General Orders Number 24, dated 1972.

10.  Department of the Army Pamphlet 672-3 also shows the applicant's unit, 1st Battalion, 61st Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February to 30 April 1971 by Department of the Army General Orders Number 42, dated 1972.

11.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name appears on the Vietnam casualty roster as having been wounded in action on 21 June 1971.  This is accepted as proof he was wounded and entitled to the Purple Heart.

2.  Orders awarded the applicant the Combat Medical Badge.  This prestigious badge should be added to his DD Form 214.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity during the period 5 January 1970 to 23 December 1971.  He should be awarded the Army Good Conduct Medal (1st Award).

4.  The applicant was a member of units awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure.  These foreign unit awards should be added to his DD Form 214.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 5 January 1970 to 23 December 1971
* adding to his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Combat Medical Badge, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ____________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)                                         AR20100023814



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ABCMR Record of Proceedings (cont)                                         AR20100023814



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