IN THE CASE OF:	  

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120008715 


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 all of his authorized awards and decorations, including the:

* Purple Heart
* Army Commendation Medal with "V" Device
* two Bronze Star Medals
* Combat Medical Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states, in effect, the requested awards are not listed on his DD Form 214.

3.  The applicant provides no additional evidence.

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's available records show he was inducted into the Army of the United States on 27 June 1967 and he held military occupational specialty 91B (Medical Specialist).

3.  He completed 2 years, 1 month, and 26 days of foreign service, some of which was in Vietnam; however, his exact dates of service in Vietnam are unknown.

4.  General Orders (GO) Number 119 issued by Headquarters, U.S. Army Military Assistance Command, Vietnam (MACV), dated 8 January 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from May 1968 to December 1968.

5.  GO Number 2952 issued by Headquarters, MACV, dated 5 June 1969, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 23 February 1969.  The orders state:

…[Applicant] distinguished himself by heroic action on 23 February 1969 while serving as a Medical Advisor and Radio/Telephone Operator with elements of the 35th Boat Company, Vietnamese Navy.  On that date [Applicant's] unit was notified that an estimated enemy squad had broken out of a cordon located at the railroad station in Bien Hoa City and were moving southwest attempting to establish an escape route.  Blocking positions along the Dong Nai River were set up, placing the enemy between [Applicant's] position and friendly elements to the north.  Contact with the enemy was initiated on three different occasions and each time [Applicant] courageously moved from position to position providing continuous communications for the team leader.  He capably filled the radio/telephone operator position and also deployed as an infantryman….

6.  GO Number 5605 issued by Headquarters, MACV, dated 22 September 1969, awarded him the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from January 1969 to August 1969.

7.  He was honorably released from active duty on 26 February 1970 and transferred to the U.S. Army Reserve.  His DD Form 214 shows his last unit of assignment as MACV Advisory Team Number 98.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Army Commendation Medal

8.  Nothing in several typical sources confirm he was wounded in action and/or treated for a combat injury/wound:

* his DA Form 20 (Enlisted Qualification Record) – which would have listed any combat injuries in item 40 (Wounds) – is not available for review with this case
* his records do not contain general orders authorizing him award of the Purple Heart 
* his name is not shown on the Vietnam casualty roster
* 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 and maintained by the U.S. Army Human Resources Command Military Awards Branch – failed to reveal Purple Heart orders for him
* his available official records do not contain a Department of the Army message or Western Union telegram regarding an injury or wound
* his medical documents, including his separation physical, are not available for review with this case

9.  His available records do not contain special orders awarding him the Combat Medical Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and 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.

11.  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.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, MACV, and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  One silver service star is worn in lieu of five bronze service stars. Based on the information in the applicant’s award orders and his DD Form 214, he participated in at least six campaigns.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two Bronze Star Medals, one of which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

2.  GO awarded the applicant the Army Commendation Medal with "V" Device.  His DD Form 214 inadvertently omitted the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award with the "V" Device.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  His exact dates of service in Vietnam are unknown; however, based on the information in his award orders and his DD Form 214 he participated in at least six campaigns during his service in Vietnam.  Therefore, he is entitled to one silver and one bronze service star for wear on his already-awarded Vietnam Service Medal.

5.  With respect to award of the Purple Heart:

	a.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any evidence that shows he was wounded or injured as a result of enemy action.  His name is not listed on the Vietnam casualty roster.  Additionally, neither his DA Form 20 nor his medical records are available for review with this case.

	c.  Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  With respect to award of the Combat Medical Badge:

	a.  There is no evidence in the available records that he was awarded the Combat Medical Badge. 

	b.  Although he was awarded the Army Commendation Medal with "V" Device, he did so while supporting the Vietnamese Navy.  In order to qualify for this badge, he would have to have been assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which was engaged in active ground combat.

	c.  He was not assigned to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size.  Therefore, there is insufficient evidence to support awarding him this badge or adding it to his DD Form 214.

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:

* deleting the Bronze Star Medal, Vietnam Service Medal, and Army Commendation Medal from his DD Form 214
* adding the Bronze Star Medal (2nd Award), Army Commendation Medal with "V" Device, Vietnam Service Medal with one silver and one bronze service star, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

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 the Purple Heart and Combat Medical 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)                                         AR20120008715



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ABCMR Record of Proceedings (cont)                                         AR20120008715



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