BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130004908 


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 Combat Medical Badge and Purple Heart.

2.  The applicant states he was awarded the Combat Infantryman Badge at the time of his discharge, but he was serving as a medic and should meet the same criteria for award of the Combat Medical Badge.  He further states he sustained shrapnel wounds while serving in Vietnam and should be awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214.

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 14 July 1967 and he held military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4 (temporary).

3.  He served in the Republic of Vietnam during the period from on or about 16 December 1967 to on or about 13 December 1968 while assigned to Headquarters and Headquarters Company, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division.

4.  He was released from active duty on 28 May 1969 after completing 1 year, 10 months, and 15 days of creditable active service.

5.  His DD Form 214 shows, in part, he was awarded the Combat Infantryman Badge.  His records contain a DD Form 215 (Correction to DD Form 214), dated 26 March 2013, which shows award of the Combat Infantryman Badge was deleted from his DD Form 214 and replaced by the Combat Medical Badge.  Based on this evidence, no corrective action is necessary regarding award of the Combat Medical Badge and this issue will not be discussed further in this Record of Proceedings.

6.  His DD Form 214 does not show award of the Purple Heart.

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds received in action and item 41 (Awards and Decorations) does not show award of the Purple Heart.

8.  There are no medical documents in the applicant's military service records that show he sustained wounds as a result of hostile action or show he was treated for wounds sustained as a result of hostile action.

9.  There are no general orders in the applicant's records to show he was awarded the Purple Heart.

10.  The applicant's name does not appear on the Vietnam casualty roster.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 been treated by medical personnel, and the medical treatment must have been made a matter of official record.
12.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge is authorized for award for several qualifying wars, conflicts, and operations.  There are basically three requirements for award of the Combat Infantryman Badge:

* the Soldier must be an infantryman satisfactorily performing infantry duties
* he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat
* he must actively participate in such ground combat

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart was carefully considered.

2.  There is no evidence in his records that shows he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Vietnam casualty roster.

3.  In the absence of evidence showing the applicant was wounded or injured as a result of hostile action and treated for those wounds by medical personnel, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  The applicant did not hold an infantry MOS and did not meet the eligibility criteria for award of the Combat Infantryman Badge.  This badge was properly deleted from his DD Form 214 and replaced by the Combat Medical Badge in a DD Form 215, dated 26 March 2013.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_X____  __X______  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20130004908



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ABCMR Record of Proceedings (cont)                                         AR20130004908



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