IN THE CASE OF:	  

		BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130004419 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Purple Heart and Combat Medic Badge (correctly known as the Combat Medical Badge).

2.  The applicant states he was awarded these honors as a result of serving his country and they are not shown on his DD Form 214.  At the time of his discharge the people responsible for processing his DD Form 214 did not explain to him what the DD Form 214 was and he did not know.  He contacted the St. Louis, MO, office, but was told his records had been destroyed in a fire.  During his move to Florida he found his orders which show he was awarded the Purple Heart.  He did not find the orders for the Combat Medical Badge.  He cannot receive certain treatment from the Department of Veterans Affairs hospital because these awards are not shown on his DD Form 214.

3.  The applicant provides two copies of his Purple Heart orders.

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 8 December 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 91B (medical specialist).  

3.  He provided two copies of General Orders (GO) Number 8, issued by Headquarters, 7th Surgical Hospital, on 18 January 1967, awarding him the Purple Heart for wounds received in action in Vietnam on 18 January 1967.  These orders show he was assigned to Company B, 2nd Battalion, 27th Infantry, 25th Infantry Division.

4.  He was honorably released from active duty on 7 December 1967 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 2 years of net active service with no time lost.  He was also credited with completing 8 months and 6 days of foreign service in Vietnam. His DD Form 214 lists the:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

5.  His service personnel records do not contain his DA Form 20 (Enlisted Qualification Record) for verification of his Vietnam service dates and unit assignment(s).

7.  There are no orders in his service personnel records that show he was awarded the Combat Medical Badge.  

8.  The Vietnam casualty roster shows he was wounded on 18 January 1967.  This roster shows his casualty status code for both injuries as "23."  This code indicates the status was "hostile wounded in action, not serious, hospitalized."  

9.  A review of the records of the applicant's units for the time frame the applicant served in Vietnam was conducted in the Awards and Decorations Computer Assisted Retrieval System.  This review failed to show any orders were published authorizing award of the Purple Heart and Combat Medical Badge to the applicant.
10.  Army Regulation 600-8-22 (Military Awards) 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 mush have been personally present and under fire during such ground combat. 

11.  Army Regulation 600-8-22 states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

12.  Department of the Army GO Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  GO confirm the applicant was awarded the Purple Heart for wounds received in action in Vietnam on 18 January 1967.  This award is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  There are no special orders that show he was awarded the Combat Medical Badge.  However, the available evidence shows he was awarded MOS 91B, was assigned to Company B, 2nd Battalion, 27th Infantry, and was wounded as a result of hostile action in Vietnam.  It appears he met the criteria for this award, and he states he was awarded it.  Therefore, he is entitled to its addition to his DD Form 214.  

3.  It also appears he met the criteria for award of at least one bronze service star while serving in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal.

4.  GO also awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show this unit award on his DD Form 214.

5.  In view of the foregoing, his records should be corrected as recommended below.


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:

* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Purple Heart
* Combat Medical Badge
* Vietnam Service Medal with one bronze service star
* 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)                                         AR20130004419





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ABCMR Record of Proceedings (cont)                                         AR20130004419



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