IN THE CASE OF:	

		BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090019640 


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 record to show award of the Combat Medical Badge.

2.  The applicant states:

* he received the Combat Medical Badge at the time he was awarded the Bronze Star Medal with First Oak Leaf Cluster
* he was stationed at Dau Tieng, Vietnam
* he went on Medical Civic Action Programs missions, company/battalion missions, and convoy runs receiving fire and mortar and rocket attacks
* he is suffering from post-traumatic stress disorder

3.  The applicant provides:

* three photographs of a village close to Dau Tieng
* DD Form 214 (Report of Transfer or Discharge)

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 ordered to active duty from the U.S. Army Reserve (USAR) on 27 May 1966.  His DD Form 214 shows his specialty as 3506 (field medical assistant).  He served in Vietnam from 17 April 1969 to 7 April 1970.  On 11 April 1970, he was released from active duty in the rank of captain and transferred to the USAR Control Group (Reinforcement).

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the Combat Medical Badge as an authorized award.

4.  There are no orders for the Combat Medical Badge in the available records.

5.  The available records do not contain a DA Form 66 (Officer Qualification Record).

6.  In support of his claim, the applicant provided three photographs of a village close to Dau Tieng.  He contends this village received mortar and sniper fire soon after the pictures were taken.

7.  Army Regulation 600-8-22 (Military Awards) 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.  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.

DISCUSSION AND CONCLUSIONS:

There are no orders for the Combat Medical Badge in the available records.  Although the evidence of record shows the applicant held a medical specialty, there is no evidence of record which shows he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size that was engaged in active ground combat in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Medical Badge in this case.

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)                                         AR20090019640



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ABCMR Record of Proceedings (cont)                                         AR20090019640



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