IN THE CASE OF:	  

		BOARD DATE:  11 March 2014

		DOCKET NUMBER:  AR20130009378 


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart, Bronze Star Medal (BSM), Combat Medical Badge (CMB), and the Expert Marksmanship Qualification Badge with Rifle Bar.  

2.  The applicant states:

	a.  He does not doubt that orders to support his qualifications for the CMB can be found.

	b.  The CMB orders most likely followed the same trail that the BSM orders followed.  The difference being that the BSM orders found him.

	c.  The only thing he can add is the fact that no written orders were ever issued for the times he was asked to travel to various hot spots to render aid when the local medics needed help.

	d.  There were no orders issued when he was told to fly to Ban Me Thout in early 1969 to give medical aid and bring back the wounded and no written orders were issued for the times he was asked to fly with the 281st Helicopter Company to hot landing zones that regular choppers could not go to recover the wounded.

	e.  The CMB was given to him as he was leaving Saigon to catch the flight home.  When he objected, his team sergeant told him to take it because it was his and that the orders would follow.  He is guessing that the CMB orders were filed with the transmittal orders for the BSM.  

	f.  He must agree with the Board's decision regarding the Purple Heart.  He was not in Vietnam for awards and medals.  Consequently, he was not interested in personal records or record keeping.  

	g.  He had forgotten about the incident on 14 October 1969.  The blunt trauma to his right elbow, referenced in the Board's letter, happened during a raid on one of their "B-55 CIDG camps."  They were treating their CIDG Soldiers and their families in between ducking for cover.  When he ducked for cover, he did not clear the doorway.  

	h.  His only concern in having his elbow checked was to ensure that no bones were broken.  Had he been concerned about updating his records for personal gain, he would have more evidence of sustaining an injury resulting from hostile fire.  At no time did either injury prevent him from treating others first before seeking aid for himself.  Perhaps the officer who wrote his BSM citation best summarized his approach to performing his duty.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* BSM orders and citation
* Orders for the Expert Marksmanship Qualification Badge with Rifle Bar

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120012257 on 14 February 2013.

2.  In the previous Record of Proceedings it was noted that:

	a.  He enlisted in the Regular Army on 12 June 1967.

	b.  He arrived in Vietnam on 10 May 1969.

	c.  He was seen at the 5th Special Forces Group dispensary on 14 October 1969 for a blunt trauma to the right elbow sustained during an alert on 
12 October 1969.  No treatment is indicated and there is no indication that enemy action was involved.

	d.  On 21 October 1969, he was treated for a swelling of the right hand that occurred the night prior.  His hand was placed in a cast and again there is no indication of enemy action or explanation of the events surrounding the injury.

	e.  There is no evidence in his available records indicating he was wounded as a result of enemy action and his name is not listed on the Vietnam Casualty List.

	f.  There is no evidence in his available records indicating he was awarded the Purple Heart or the Combat Medical Badge.  

	g.  He departed Vietnam on 10 April 1970.

	h.  He was honorably released from active duty on 12 April 1970.  

3.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he sustained any wounds.

4.  His DD Form 214, as amended by a DD Form 215, dated 29 April 2013, shows he was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Vietnam Campaign Medal
* Army Good Conduct Medal
* Parachutist Badge
* Special Forces Tab
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Cross of Gallantry with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class unit Citation 

5.  He provides Special Orders Number 55, dated 25 March 1969, issued by Headquarters, U.S. Army Special Warfare School, Fort Bragg, NC, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.  

6.  He also provides General Orders Number 764, dated 6 May 1970, issued by 
Headquarters, 5th Special Forces Group which awarded him the Bronze Star Medal for meritorious service during the period 10 May 1969 to 12 April 1970.

7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  His available military records are void of orders or any other document that indicates he was recommended for or awarded the CMB or evidence showing he engaged in active ground combat while in Vietnam.  

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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 that 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.

	b.  The CMB 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.

10.  Army Regulation 600-8-22 provides special provisions for award of the CMB during the Vietnam conflict.  These provisions permitted award of the CMB to Soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of a U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart, BSM, CMB, and the Expert Marksmanship Qualification Badge with Rifle Bar has been carefully considered.  

2.  General and special orders confirm he was awarded the BSM and the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, these awards should be added to his DD Form 214.  

3.  His DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in his military records that indicates he was treated for a combat-related wound.  His name is not listed on the Vietnam casualty listing.  The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and that the injury required treatment by medical personnel.  In the absence of such evidence, there is no basis on which to base awarding him the Purple Heart.  

4.  The evidence shows he was awarded a medical military occupational specialty and that he served with a Special Forces unit in Vietnam.  However, it does not sufficiently show he engaged in active ground combat while assigned to this unit.  While his contention is not in doubt, in the absence of orders or any other documents indicating he was recommended for or awarded the CMB, the documentation provided which does not show he engaged in active ground combat is insufficient evidence on which to base 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 that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20120012257, dated 14 February 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding the Bronze Star Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.  

2.  The Board further determined that 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 the Purple Heart and the 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)                                         AR20130009378



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ABCMR Record of Proceedings (cont)                                         AR20130009378



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