BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150000975  


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 (Report of Transfer or Discharge) by adding or awarding the:

* Combat Medical Badge
* Purple Heart
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* “RVN Wound Medal"
* Valorous Unit Award 
* Basic Aviation Badge 

2.  The applicant states it is common knowledge that awards were not always properly recorded on Soldiers’ records during the Vietnam era.  Such things were often not important until veterans became older and need medical care from the Department of Veterans Affairs (VA).  

3.  The applicant provides: 

* letter from 3rd Battalion, 506th Infantry unit historian
* extract from Department of the Army Pamphlet 672-3
* applicant’s letter to his Member of Congress
* letter dated 29 March 2013 from Chief, Awards and Decorations Branch, U.S. Army Human Resources Command addressed to applicant
* 3rd Battalion (Airborne) 506th Infantry Lessons Learned, dated 14 February 1969
* photograph of a Soldier being carried to helicopter
* applicant’s separation physical exam and medical history
* orders for Expert Qualification Badge with Rifle Bar M-16
* orders for Sharpshooter Qualification Badge with Rifle Bar (M-14)
* orders for the Bronze Star Medal
* orders to advanced individual training as a Medical Corpsman
* letter of recommendation dated 10 March 1970

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 and entered active duty on 22 March 1968, he completed training as a medical aidman in military occupational specialty 91B and was posted to Vietnam. 

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

	a.  Item 33 Appointments and Reductions) – 

* Promotion to pay grade E-4 on 30 November 1968
* Promotion to pay grade E-5 on 15 December 1969

b.  Item 38 (Record of Assignments) – 

* Headquarters and Headquarters Company, 3rd Battalion, 506th Infantry from 19 September 1968 to 20 September 1969
* 198th Medical Detachment 2 from 2 September 1969 to 26 March 1970
* Exclusively ”excellent" conduct and efficiency ratings

c.  Item 40 (Wounds) – fragment wounds left knee, 14 January 1969

d.  Item 41 (Awards and Decorations)

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with Device (1960)
* Meritorious Certificate of Achievement
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  101st Airborne Division General Orders 3216, dated 11 April 1969, awarded the applicant the Army Commendation Medal for meritorious achievement.  General Orders Number 8649, dated 10 July 1969, from the same headquarters awarded the applicant the Bronze Star Medal for meritorious service for the period 1 October 1968 to 31 May 1969.

5.  On 15 December 1969, the 10th Aviation Company promoted the applicant (then assigned to the 198th Medical Detachment) to pay grade E-5 as a specialist five (SP5).  He was released from active duty in pay grade E-5/SP5 and transferred to the U.S. Army Reserve.  His DD Form 214 shows his awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Commendation Medal
* Meritorious Unit Citation
* RVN Gallantry Cross with Palm Unit Citation

6.  Service medical records show:

   a.  The applicant underwent an initial Class III Flight Physical on 1 October 1969, and was found qualified for flight status.
   
   b.  The physician conducting his separation medical examination noted that the applicant had sustained a fragment wound to the upper left tibia that was still painful.  The applicant was offered further treatment but elected immediate separation instead. 

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, revealed only the orders awarding the applicant the Bronze Star Medal.

8.  Among the documents submitted by the applicant in support of his application is a description of the applicant’s combat wounding by an individual who identifies himself as the unit historian.  This historian essentially relates the incident as recounted by the applicant himself.  According to the applicant the battalion surgeon said he would be medically evacuated but this did not happen; however, he was on crutches for a few days.  The photograph accompanying this correspondence purportedly shows the applicant being evacuated from the field by helicopter.   

9.  Other pertinent award information includes:  

   a.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940.  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.
   
   b.  Army Regulation 600-8-22 (Military Awards) states:
   
		(1)  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.

		(2)  The Combat Medical Badge 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.
   
   	(3)  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The applicant’s Vietnam assignments coincided with the following five designated campaign periods:

* Vietnam Counteroffensive Phase V from 1 July to 1 November 1968
* Vietnam Counteroffensive Phase VI from 2 November 1968 to 22 February 1969
* Tet 69/Counteroffensive from 23 February to 8 June 1969
* Vietnam Summer - Fall 1969 from 9 June to 31 October 1969
* Vietnam Winter - Spring 1970 from 1 November 1969 to 30 April 1970

		(4)  Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient.  The "RVN Wound Medal" is not an authorized medal for members of the U.S. Armed Forces.

   c.  U.S. Army Vietnam Regulation Number 672 -1 (Decorations and Awards) provided for both temporary and permanent award of the Aircraft Crewmember Badge [as it was then known] to non-crewmembers including observers, gunners and aidmen.  Such Soldiers were authorized temporary wear of the badge concurrent with assignment in flight status.  Permanent authorization required performance of flight duty for at least 12 months (unless flying status was terminated by combat wounding) or completion of at least 15 combat missions, announcement in special orders, and entry into the individual’s DA Form 20.
   
	d.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows:
    
(1)  3rd Battalion, 506th (Airborne) Infantry was awarded the: 

* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 - 14  May 1969 by Department of the Army (DAGO) Number 43, 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 May 1968 - May 1970 by DAGO Number 48, 1971




(2)  192nd Aviation Company was awarded the:

* Valorous Unit Award for the period 31 January – 25 February 1968 by DAGO Number 43, 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 15 October 1965 – 11 Jan 1971 by DAGO 5, 1975 
* RVN Gallantry Cross with Gold Star Unit Citation for the period January – December 1970 by DAGO 5, 1973

(3)  198th Medical Detachment was awarded the:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 January 1969 – 30 September 1970 by DAGO 6, 1974
* RVN Gallantry Cross with Gold Star Unit Citation for the period January – December 1970 by DAGO 5, 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20 shows that he sustained a fragment wound to his left tibia and his separation medical examination confirms this information and notes that he was offered further treatment but chose immediate separation instead.  There is no available evidence that he was awarded the Purple Heart.  Therefore, it would be appropriate to award it at this time and add it to his DD Form 214.    

2.  The applicant served as a medical aidman with an infantry battalion and was wounded in combat.  Based on this documented service, he qualifies for award of the Combat Medical Badge and its addition to his DD Form 214.

3.  The applicant distinguished himself by his excellent conduct and efficiency ratings, his combat service and his promotion to pay grade E-5.  Notwithstanding the absence of a commander’s recommendation, it would be appropriate to him the Army Good Conduct Medal for his first period of active Federal service from 22 March 1968 to 30 March 1970.

4.  The applicant served in Vietnam during five designated campaign periods and is entitled to a silver service star for wear on his already-awarded Vietnam Service Medal.

5.  The applicant served with 3rd Battalion, 506th Infantry during a period for which it was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citations.

6.  He served with 192nd Aviation Company during a period it was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation and the RVN Gallantry Cross with Gold Star Unit Citation.  The RVN Gallantry Cross with Palm Unit Citation and the Gallantry Cross with Gold Star Unit Citations the 198th Medical Detachment received were concurrent with those received by the 192nd Aviation Company.  Therefore, these unit awards should be added to his DD Form 214.  

7.  The applicant passed a flight physical and may very well have qualified for the Aircraft Crewmember Badge, but there is no available evidence to substantiate his contention.  There is no evidence that the applicant was awarded the "RVN Wound Medal" and it is not listed as an authorized award in Army Regulation 600-8-22.  As such, there is insufficient evidence to support adding these awards to the applicant’s DD Form 214.

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 a recommendation for partial 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: 
   
   (1)  Purple Heart for wound sustained in action on 14 January 1969;
   
   (2)  Army Good Conduct Medal (1st Award) for the period 22 March 1968 through 30 March 1970; and 
   
   (3)  Combat Medical Badge for action on 14 January 1968.




	b.  Correcting his DD Form 214 by:

		(1)  Deleting the Vietnam Service Medal and the Gallantry Cross with Palm; and 

		(2)  adding the: 

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Medical Badge
* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVM Gallantry Cross with Gold Star Unit Citation.

2.  The Board further determined that the available evidence 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 "RVN Wound Medal" and Aircraft Crewman 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)                                         AR20150000975



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ABCMR Record of Proceedings (cont)                                         AR20150000975



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