IN THE CASE OF: BOARD DATE: 18 November 2008 DOCKET NUMBER: AR20080014869 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 that he be awarded the Combat Medical Badge. 2. The applicant states, in effect, that he was a medic (medical corpsman) his entire period of service and served as a combat medic in Vietnam. 3. The applicant provides copies of two pages of his DA Form 20 (Enlisted Qualification Record), a newspaper article with a captioned photograph, and two other captioned news photographs. 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 3 October 1968. 3. On 10 October 1968, the applicant submitted a statement declaring himself a conscientious objector and acknowledged that he was barred from voluntary enlistment, reenlistment, extension, or amendment of his current enlistment. 4. The applicant completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist). 5. Headquarters, 1st Aviation Brigade, General Orders Number 3970, dated 13 August 1969, awarded the applicant, a member of the 155th Aviation Company (Assault Helicopter), the Air Medal for the period from 24 April 1969 through 14 July 1969. 6. Headquarters, 17th Aviation Group (Combat), General Orders Number 68, dated 15 December 1969, awarded the applicant the Purple Heart for wounds received on 12 August 1969. The applicant is shown to have been serving in MOS 91A (Medical Corpsman) with the 8th Medical Detachment. 7. The applicant was honorably released from active duty on 8 May 1970 in the rank of specialist four/E-4. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the Purple Heart, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). 8. The applicant's DA Form 20 provides the following pertinent information: a. his official MOS was 91B (Medical Specialist); b. he was assigned to the 8th Medical Detachment in Vietnam from 27 March 1969 through 3 May 1970 in the duty MOS and positions of 91A as light truck driver and 91B as a senior medical aidman (medic); c. he served during two campaign periods; and d. his awards are listed as the Purple Heart, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). 9. The newspaper article and captioned news photographs provided by the applicant do not identify him by name and do not list what unit is depicted or referenced. 10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 (emphasis added) 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 evidence of record shows that the applicant was assigned to the medical detachment of an aviation battalion, not an infantry battalion. Members of non-infantry units are not entitled to award of the Combat Medical Badge. 2. 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) AR20080014869 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014869 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1