IN THE CASE OF:
BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140020835
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 Combat Medical Badge.
2. The applicant states he was told he had been put in for the above awards, but they are not listed on his DD Form 214 (Report of Transfer or Discharge). He was wounded on 7 August 1969 and treated by a fellow medic.
3. The applicant provides a personal statement.
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 served on active duty from 14 January 1969 through 13 January 1971 in the military occupational specialty 91B (Medical Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows:
* advancement to specialist four (E-4)
* award of military occupational specialty 91B (Medical Specialist)
* service in Vietnam from 20 June 1969 through 19 June 1970
* assignment to Headquarters and Headquarters Company, 9th Engineer Battalion in Vietnam
* service during one campaign period
* block 40 (Wounds) no annotations
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and two Overseas Service Bars
4. The applicant's 13 January 1971 DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge, and two Overseas Service Bars.
5. The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.
6. A review of the Vietnam Casualty List failed to make any reference to the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides that:
a. The Purple Heart is authorized for any member of the U.S. Armed Forces who has been wounded or died from wounds sustained after April 5, 1917. A wound qualifying for a Purple Heart must have required treatment by a military medical officer or other medical professional and that treatment must be noted in the service members medical record.
b. The Combat Medical Badge is awarded to medical department personnel (colonels 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.
DISCUSSION AND CONCLUSIONS:
1. The record contains no documentation to support the applicant's contention that he received a wound or injury that was the result of hostile action. Without a record of treatment for a wound sustained as the result of enemy action entitlement to the Purple Heart cannot be established.
2. The record contains no documentation to support the applicant's contention that he was 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 that was engaged in active ground combat.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20140020835
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ABCMR Record of Proceedings (cont) AR20140020835
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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