IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100026621 


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 reconsideration of his request for award of the Combat Medical Badge.

2.  The applicant states he was at the Officers' Club when it was attacked.  A newspaper article states the attack was "enemy fire" and this proves he was in combat.

3.  The applicant provides a copy of a news article of an attack on an Officers' Club in Saigon, South Vietnam.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100009656 on 9 September 2010.

2.  Award of the Combat Medical Badge was denied by the ABCMR because there was no evidence to show the applicant was personally present and under fire during actual ground combat with his unit.

3.  The applicant served on active duty as a dental officer from 21 October 1966 through 13 August 1968.

4.  While in Vietnam, the applicant served as a dental officer with the following units:

* Company B, 1st Medical Battalion, 1st Infantry Division, from 11 December 1967 to 2 May 1968
* 437th Medical Detachment from 3 May to 3 August 1968

5.  The applicant provides a newspaper article that describes a series of attacks by Communist forces against several U.S. military installations just prior to the "Tet Cease-Fire."  One of the sites of the attacks was the 1st Infantry Headquarters Officers' Club, 19 miles north of Saigon.  Although the article states 21 personnel were reported injured in this attack, no personnel were specifically named.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to an infantry unit of brigade, regimental, or smaller size or to a medical unit of company or smaller size organic to an infantry unit of brigade or smaller size during any period the infantry unit is engaged in actual ground combat.  Unit 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:

The newspaper article does not show and the applicant has not provided any evidence that he was at the Officers' Club when it came under attack.  Therefore, there is no basis for granting his request.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100009656, dated 9 September 2010.



      ____________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)                                         AR20100026621



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ABCMR Record of Proceedings (cont)                                         AR20100026621



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