1 BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160019245 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160019245 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160019245 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 show award of the: * Purple Heart * Combat Medical Badge * Overseas Service Bars (3rd Award) * Presidential Unit Citation 2. The applicant states while serving in Vietnam he received a gunshot wound to his left leg. This condition is documented and he was evacuated to the hospital in Japan. While processing out, the Army stated he could either get out of the service on time or stay in another week to get his military records corrected. He chose to get out on time due to the amount of stress and headaches he suffered in Vietnam due to being a draftee. Everything is documented in his military records. 3. The applicant provides a copy of his DD Form 214. His application states he provided a Department of Veterans Affairs Rating decision; however, this document is not available for review. 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 21 December 1965. He completed his training and was awarded military occupational specialty 91B (Medical Specialist). 3. His DA Form 20 (Enlisted Qualification Record) shows: * he was assigned to Headquarters and Headquarters Company, 4th Battalion, 503rd Infantry Regiment, in Vietnam from 11 July 1966 until he was hospitalized in Japan on 11 August 1966 * no entry in item 40 (Wounds) * no Purple Heart or Combat Medical Badge in item 41 (Awards and Decorations) 4. Item 37 (Lower Extremities) of his Standard Form 88 (Report of Medical Examination), dated 16 August 1967, shows he was rated abnormal and he had a temporary profile following a gunshot wound to his left lower leg. There is no evidence showing this wound was the result of hostile action in Vietnam. 5. On 6 December 1967, he was honorably released from active duty. 6. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge 7. There are no orders for the Purple Heart or Combat Medical Badge in the available records. 8. His name is not listed on the Vietnam casualty roster. 9. 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. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained 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, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. b. 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. c. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 2. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. The instructions further stated the date the wound or injury occurred would also be entered in item 40. 3. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 4th Battalion, 503rd Infantry Regiment, was not awarded the Presidential Unit Citation while he was assigned to it. DISCUSSION: 1. The applicant contends he should have been awarded the Purple Heart for a gunshot wound to his left leg in Vietnam. 2. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by a medical officer, and documentation of the wound in official records. 3. His name does not appear on the Vietnam casualty roster and item 40 of his DA Form 20 is blank. 4. The evidence of record shows he received a gunshot wound to his left lower leg while serving in Vietnam and he was hospitalized in Japan in August 1966, but there is no evidence of record confirming he was wounded as a result of hostile action in Vietnam. 5. His request for award of the Combat Medical Badge was noted. The governing regulation states 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. 6. The evidence of record shows he was assigned to Headquarters and Headquarters Company, 4th Battalion, 503rd Infantry Regiment, from July 1966 until he was hospitalized in August 1966. 7. Although the evidence of record shows he held a medical specialty, he was not assigned or attached to a medical unit that was organic to an infantry unit of brigade, regimental, or smaller size. 8. His request to correct his DD Form 214 to show three Overseas Service Bars was noted. However, the Overseas Service Bar is an item of uniform wear, not an award or decoration. 9. His request for award of the Presidential Unit Citation was also noted. Department of the Army Pamphlet 672-3 shows the 4th Battalion, 503rd Infantry Regiment, was not awarded the Presidential Unit Citation while he was assigned to it. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019245 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019245 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2