| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Harry B. Oberg | Member |
2. The applicant requests, in effect, reconsideration of his request to be awarded the Combat Medical Badge (CMB).
3. The applicant states, in effect, that he would like to receive his CMB and believes he is qualified based on his service as a unit medical aidman with Company C, 2nd Platoon, 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division. He claims that he was in the field with his unit and often treated wounded soldiers while exposed to enemy fire.
4. In a December 1994 decisional document (AC93-08337), this Board denied the applicant’s request for the CMB. This denial was based on the applicant’s failure to timely file. The Board concluded the applicant did not present, and the records did not contain, sufficient justification to conclude that it would be in the interest of justice to grant the requested relief or to excuse the failure to timely file within the time prescribed by law.
5. The applicant’s military records show that he served on active duty from
7 March 1967 until 30 April 1970 when he was discharged for the good of the service. At the time of his separation, he had completed a total of 2 years,
8 months, and 11 days of creditable active military service and he had accrued a total of 159 days of time lost.
6. The applicant’s Enlisted Qualification Record (DA Form 20) shows that he completed basic training, advanced individual training, and the basic airborne course. Upon completion of training, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman) with the additional skill identifier (ASI) of P (Parachutist).
7. The applicant’s first permanent assignment was to Headquarters and Headquarters Company (HHC), 1st Battalion (Airborne), 506th Infantry Regiment, 101st Airborne Division, Fort Campbell, Kentucky. He was reassigned to the Republic of Vietnam (RVN) with his unit and arrived there for duty on
4 December 1967. He continued to serve with the 506th Infantry Regiment until 24 March 1968, when as part of a unit redesignation, he was reassigned to Company C, 2nd Battalion (Airborne), 327th Infantry Regiment, 101st Airborne Division. He remained assigned to the 327th Infantry Regiment until his departure from the RVN on 27 November 1968.
8. The record also shows that throughout his tour in the RVN the applicant performed duties in MOS 91A1P as a airborne unit medical aidman and that during his assignment tenure he earned the Vietnam Service Medal, Vietnam Campaign Medal with 1960 Device, and the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from
1 January to 31 August 1968.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 8-7 contains guidance on award of the CMB and states, in pertinent part, that in order to be eligible for the CMB, a medical soldier must be assigned to and be personally present and under hostile fire with an infantry unit of brigade, regimental, or smaller size while the unit was actively engaged in ground combat with the enemy.
10. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during the applicant’s assignment tenure, the 2nd Battalion, 327th Infantry Regiment earned the Republic of Vietnam Gallantry Cross (RVNGC) with Palm and Republic of Vietnam Civil Actions Honor Medal (RVNCAHM). Further, it confirms that while he was assigned to the 1st Battalion, 506th Infantry Regiment, this unit earned a Meritorious Unit Commendation (MUC).
CONCLUSIONS:
1. The Board notes the applicant’s claim of entitlement to the CMB and it concludes there is a sufficient evidentiary basis to conclude he is entitled to this award. By regulation, in order to be eligible for the CMB medical personnel must have been assigned to and personally present under hostile fire with an infantry unit of brigade, regimental, or smaller size while the unit was actively engaged in ground combat with the enemy.
2. The evidence of record confirms that the applicant was assigned to an airborne infantry battalion as a unit medical aidman throughout his tour in the RVN. During his assignment tenure, one of the units in which he served earned a MUC. In addition, at the end of his tour, he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.
3. There is no specific evidence to show the applicant was awarded the CMB while he was serving in the RVN. However, given the preponderance of the evidence in his service record coupled with the combat history of the units in which he served, the Board finds there is a sufficient evidentiary basis to conclude he is entitled to receive the CMB.
4. In the opinion of the Board, it is logical to presume that in the normal course of performing his duties as an infantry company medical aidman, the applicant was personally present under hostile fire while his unit was actively engaged in ground combat with the enemy on a regular basis during his tour in the RVN. Thus, in the interest of justice and equity, the Board finds it would be appropriate to grant the requested relief.
5. In addition, during the review of this case the Board discovered that the applicant is entitled to the RVNGC with Palm Unit Citation and RVNCAHM based on service with the 327th Infantry Regiment and to the MUC as a result of his service with 506th Infantry Regiment. Therefore, the Board concludes these awards should be added to his record at this time.
6. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned earned the Combat Medical Badge; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal; and Meritorious Unit Commendation; and by issuing him a corrected separation document that reflects these awards.
BOARD VOTE:
__CLA__ __AAO__ __HBO __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Celia L. Adolphi __
CHAIRPERSON
| CASE ID | AR2001059176 |
| SUFFIX | |
| RECON | 1994/12/14 |
| DATE BOARDED | 2001/10/30 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1970/04/70 |
| DISCHARGE AUTHORITY | AR 635-200 C10 |
| DISCHARGE REASON | Good of the Service |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 159 | 107.0113 |
| 2. 46 | 107.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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