IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130011852
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 award of the Purple Heart and the second award of the Combat Medical Badge (CMB).
2. He states that black Soldiers were overlooked during the time he served in the Army.
3. He does not provide any 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 enlisted in the Regular Army on 29 March 1965. He was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist). He served in Vietnam from 20 August 1966 to 19 July 1967. He was honorably released from active duty on 30 April 1968.
3. His DD Form 214 does not show award of the Purple Heart and his name is not on the Vietnam casualty listing. His DD Form 215 (Correction to
DD Form 214) shows he was awarded the CMB, but the second award of the CMB is not contained on this form or his DD Form 214.
4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain any entry. There is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action. There is also no documentation to show he participated in any other conflict other than the Republic of Vietnam.
5. 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.
6. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.
7. Army Regulation 600-8-22 (Military Awards), currently in effect, states 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.
8. Army Regulation 600-8-22 states 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.
9. The same regulation states that second and subsequent awards of the CMB are indicated by superimposing 1 and 2 stars respectively, centered at the top of the badge between the points of the oak wreath. Subsequent awards of the CMB are not authorized for the same qualifying period. A separate award of the CMB has been authorized for qualified Soldiers in the following four conflicts:
* World War II
* Korean War
* Republic of Vietnam Conflict
* War on Terrorism (Afghanistan, Operation Enduring Freedom) and (Iraq, Operation Iraqi Freedom)
DISCUSSION AND CONCLUSIONS:
1. There are no available medical records and the applicant did not provide sufficient evidence which shows he was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is an insufficient evidentiary basis for awarding the Purple Heart.
2. Evidence of record shows he was awarded the CMB and it appears that this award was for the Republic of Vietnam Conflict. There is no evidence and he did not provide any to show that he was involved in another conflict which would entitle him to a second award of the CMB. In view of these facts, there is an insufficient basis for award of the second award of the CMB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130011852
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