IN THE CASE OF:	   

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20140021265 


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 add the Purple Heart and the Combat Medical Badge.

2.  He states that he physically has both awards but his DD Form 214 does not show them.  He served as a Medical Corpsman in the Republic of Vietnam.  While on patrol with a reconnaissance platoon he stepped on an improvised explosive device (IED), resulting in the partial amputation of his right foot.

3.  He provides a copy of his DD Form 214, Purple Heart Certificate, and a picture of the medal and badge.

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 25 October 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 91B.

3.  He accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for:

* violating a lawful order by refusing to go to his platoon bay on 1 July 1967
* violating a lawful order by not attending physical training on 10 October 1967

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 38 (Record of Assignments) he was assigned to the Company A, 4th Battalion, 3rd Infantry, 11th Infantry Brigade, Vietnam, from 25 November 1967 through 31 January 1968; 


	b.  Item 38 he received "excellent" conduct and efficiency ratings for all periods of service except during periods identified as a permanent change of station wherein he received "----" ratings (unknown);

	c.  Item 40 (Wounds) he sustained fragment wounds to his right foot on 26 January 1968; and
	
	d.  Item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal.  There is no evidence of disciplinary actions against the applicant or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  His record contains a Medical Evaluation Board (MEB) Narrative Summary, dated 7 February 1968.  It states that the applicant stepped on a land mine and sustained a traumatic amputation, second through fifth toes, and associated multiple metatarsal fractures.  He was found medically unfit and referred to a physical evaluation board (PEB).  The PEB recommended the applicant be permanently retired from the service and found that his injury was received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by law.

6.  He was retired due to permanent disability on 18 September 1968.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal 
* Vietnam Service Medal (VSM) 
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal Purple Heart orders pertaining to the applicant.  Purple Heart orders were not found in his military record.  However, as evidence to support his application the applicant provided a photocopy of his Purple Heart Certificate showing he was wounded in action on 26 January 1968.

8.  There is no evidence or record and the applicant did not provide any evidence to show he was recommended for or awarded the Combat Medical Badge.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It 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 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 Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of a company or smaller size that is organic to an infantry unit which is engaged in active ground combat.  
   
   c.  A bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

12.  Army Pamphlet 672-3 lists the campaign periods for the Vietnam era.  Two designated campaigns coincide with the applicant's period of service:

* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his records to add the Purple Heart and the Combat Medical Badge was carefully considered and found to have merit.

2.  The applicant was retired due to permanent disability as the result of an injury he sustained when he stepped on a land mine in the Republic of Vietnam on 26 January 1968.  His wound resulted in a partial traumatic amputation to his right foot.  A PEB subsequently determined his injury to be combat related.  The applicant provided a copy of his Purple Heart Certificate.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

3.  The evidence of record shows the applicant held a medical MOS and was assigned to an infantry company of an infantry battalion in the Republic of Vietnam.  He met the eligibility criteria for the Combat Medical Badge as evidenced by his combat injury in connection with military operations against a hostile force.  Therefore, it would be appropriate to award him the Combat Medical Badge for action on 26 January 1968 and correct his records to show this badge.

4.  He was awarded the VSM and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the already-awarded VSM.

5.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  He received "excellent" conduct and efficiency ratings throughout his service and his record contains only two minor disciplinary actions.  There is no record of a commander's disqualification for award of the AGCM; therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 25 October 1966 to 18 September 1968 and to correct his DD Form 214 to show this award.

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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 October 1966 through 18 September 1968 
   
   b.  awarding him the Combat Medical Badge for action on 26 January 1968 in the Republic of Vietnam;

   c.  deleting from his DD Form 214 the VSM; and

	d.  adding to his DD Form 214 the:

* Purple Heart
* Combat Medical Badge
* 
Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars



      ___________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)                                         AR20140021265



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021265



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1