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ARMY | BCMR | CY2002 | 2002071952C070403
Original file (2002071952C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002071952


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Antoinette Farley Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Ms. Karen Y. Fletcher Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, correction of his military records to show award of the Combat Medical Badge (CMB).

3. The applicant, has submitted two separate applications dated five days apart. He states in the first application that he served in the Republic of Vietnam not knowing where he was going or whom he might engage. In the second application he merely describes his current health and medical needs. He contends, that he had been on drugs, in order to forget his service in “NAM” all through the 70’s and 80’s all the while needing help. He adds that he was told that he should be happy coming back, even though they could not see inside of his head, that he was going crazy and wanted help. He states, that his anguish was in helping himself, without letting any one know his feelings and sickness, until now. He points out, that additional evidence can be obtained from the Veterans Administration Hospital in New York. In addition, he admits to “getting older, can’t fight back any more … Also its been too long without help.”

4. The applicant’s military records show that on 17 May 1966, he enlisted in the Regular Army for a period of 3 years. He completed basic training and advanced individual training in military occupational specialty (MOS) 91B20 (Medical Specialist). On 3 November 1966, he was transferred to the RVN and assigned to the 71st Evacuation Hospital, for duty.

5. On 15 December 1966, he was reassigned to the 2nd Surgical Hospital, as a Ward Specialist.

6. On 31 October 1967, he returned to the United States and was assigned to Fort Jackson, South Carolina, for duty in his MOS.

7. On 23 May 1969, the applicant was honorably separated at the expiration of his term of service under the provisions of Army Regulation 635-200. He was credited with a total of 2 years, 11 months and 28 days of active service with
9 days of lost time due to AWOL. The highest pay grade he attained was (E-4). He was then transferred to the United States Army Reserve (USAR) Control Group (Standby) for completion of his service obligation and effectively discharged on 16 May 1972.

8. The applicant's DD Form 214 (Report of Transfer or Discharge), Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), issued at the time of separation shows that he received, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with “1960” device, two Overseas Service Bars, and the Sharpshooter Qualification Badge with Rifle Bar (M-14). It does not show that he was authorized award the Combat Medical Badge (CMB).

9. The applicant’s DA Form 20 (Enlisted Qualification Record) shows, in Item
41 (Awards and Decorations), that he was not awarded the CMB.

10. The applicant served during two named campaign periods in the RVN, Counteroffensive Phase II, ending 31 May 1967; Counteroffensive Phase III, ending on 29 January 1968.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) dated 29 January 1968, shows that the 2nd Surgical Hospital was awarded the Meritorious Unit Commendation by Department
of the Army General Orders Number 31, 1969, for the period from 2 September 1967 through 31 March 1968.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. The regulation also lists the designated campaign periods for which a bronze service star (BSS) is authorized for wear on the Vietnam Service Medal.

13. Army Regulation 600-8-22 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 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. Information supplied by the Center for Military History shows that the applicant's unit was assigned to First Army. Although the company was frequently further attached to support operations of corps and divisions only medical personnel in the organic medical companies of the infantry regiments historically met the requirements for qualifying service for the Combat Medical Badge.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has not provided any evidence, which shows that he was assigned or attached to a medical unit that is organic to an infantry unit of brigade, regimental or smaller size that was engaged in active ground combat. Therefore, he is not entitled to award of the Combat Medical Badge.

2. The applicant is, however, entitled to the Meritorious Unit Commendation and two BSSs for wear on his Vietnam Service Medal. These awards should be added to his DD Form 214.

3. In view of the foregoing, findings and conclusions correcting the applicant’s record as recommended below.


RECOMMENDATION
:

1. That all of the Department of the Army records related to this case be corrected by showing on his DD Form 214, dated 23 May 1969, Item 24: the Meritorious Unit Commendation and two BSSs for wear on his Vietnam Service Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___RVO __RJW ___KYF___ GRANT AS STATED IN RECOMMENDATION

________ _______ _________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O'Connor, Jr._
                  CHAIRPERSON



INDEX

CASE ID AR2002071952
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002.09.26
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 1969-05-23
DISCHARGE AUTHORITY 635-200
DISCHARGE REASON ETS
BOARD DECISION (GRANT)
REVIEW AUTHORITY DASA
ISSUES 1. A107.0113
2. A107.0034
3.
4.
5.
6.


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