IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100025763 


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 the Army Commendation Medal (ARCOM) with "V" Device, Combat Medical Badge (CMB), and two awards of the Purple Heart.

2.  The applicant states the awards were entered incorrectly or were omitted from his DD Form 214.  He states he was awarded the second Purple Heart for an incident which occurred on 3 April 1968.

3.  The applicant provides copies of his DD Form 214, orders for the ARCOM with "V" Device, and a photograph.

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 14 June 1967 and upon completion of initial entry training he was awarded military occupational specialty 91B (Medical Specialist).

3.  Headquarters, Fort Polk, LA, Special Orders Number 203, dated 7 August 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 17 November 1967 to 13 November 1968.  Item 38 (Record of Assignments) shows he served with the 2nd Battalion, 17th Artillery, while in the RVN.  Item 40 (Wounds) shows he received an injury to his left ring finger on 15 February 1968.

5.  Headquarters, I Field Force Vietnam, General Orders Number 236, dated 12 March 1968, awarded him the ARCOM with "V" Device for actions on 15 February 1968.

6.  Headquarters, I Field Force Vietnam, General Orders Number 12, dated 13 March 1968, awarded him the Purple Heart for wounds sustained on 15 February 1968.

7.  On 12 June 1970, he was released from active duty in the rank of specialist five/E-5 after completing 2 years, 11 months, and 29 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)

8.  There are no orders or any other evidence showing he was awarded a second Purple Heart or that he was wounded as a result of hostile action on two occasions.  His name is not listed on the Vietnam casualty roster.  There is also no evidence showing he was awarded the basic award of the ARCOM or that he was awarded or recommended for the CMB.

9.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam era between 1965 and 1973.  No orders pertaining to the applicant were found in ADCARS.

10.  He provides a copy of a photograph of a group of Soldiers.  He claims to be the Soldier in the center of the picture and also claims to be wearing the CMB on his uniform.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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.

12.  Army Regulation 600-8-22 states the CMB is awarded to Army 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 contains the regulatory guidance for the Vietnam Service Medal and states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B contains the campaigns for the RVN conflict and shows participation credit was awarded for the following five campaigns during his tour of duty in the RVN:

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

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 2nd Battalion, 17th Artillery, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965-16 April 1971 by Department of the Army General Orders Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the ARCOM with "V" Device, CMB, and two awards of the Purple Heart.

2.  General orders confirm he was awarded the ARCOM with "V" Device.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns during his tour of duty in the RVN; therefore, he is entitled to one silver service star to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect these service stars.

4.  Based on his service with the 2nd Battalion, 17th Artillery, while in the RVN, he is also entitled to correction of his DD Form 214 to show the RVN Gallantry Cross with Palm Unit Citation.

5.  Orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  This badge should also be added to his DD Form 214.

6.  There are no orders or any other evidence showing he was awarded a second Purple Heart or that he was wounded as a result of hostile action on two occasions.  Therefore, there is insufficient evidence on which to base correcting his DD Form 214 to show a second award of the Purple Heart.

7.  There is no evidence showing he was awarded or recommended for the CMB. 
The governing regulation states that in order to be eligible for the CMB, the Soldier must be 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.  He served with an artillery unit while in the RVN.  Therefore, he is not entitled to award of the CMB.


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.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal and 

	b.  adding to item 24 of his DD Form 214 the Army Commendation Medal with "V" Device, Vietnam Service Medal with one silver service star, RVN Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

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 a second award of the Purple Heart and the CMB.



      ____________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)                                         AR20100025763



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ABCMR Record of Proceedings (cont)                                         AR20100025763



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