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ARMY | BCMR | CY2002 | 2002083674C070215
Original file (2002083674C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 4 September 2003
         DOCKET NUMBER: AR2003083674

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 Chairperson
Mr. Frank C. Jones Member
Ms. Barbara J. Ellis 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 that he be awarded the Combat Medical Badge for his service in the Republic of Vietnam (RVN).

3. The applicant states that his DD Form 214 (Report of Separation), and/or
his DD Form 215 (Correction to the Report of Separation) be corrected to reflect award of the Combat Medical Badge.

4. The applicant’s military records show that on 1 February 1969, he enlisted in the Regular Army for 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 91C (Medical Clinical Specialist).

5. On 13 August 1970, he was transferred to the RVN and assigned to 327th Infantry, Headquarter & Headquarter Company 2nd Battalion (Ambulatory), for duty. On 30 December 1970, he was discharge for the purpose of immediate reenlistment.

6. On 31 December 1970, he reenlisted in the Regular Army for 3 years. On
13 August 1970, he was transferred to the Republic of Vietnam (RVN) for duty.

7. In March 1971, the applicant sustained shrapnel wounds and was transferred to United States Army Hospital, Okinawa for treatment.

8. On 9 April 1971, he was medical evacuated to Naval Hospital, Chelsea, Missouri, for further treatment.

9. On 16 June 1971, he was reassigned to United States Army Medical Clinic, Fort Devens, Missouri, for duty.

10. On 27 November 1972, he was convicted by a special court-martial (SPCM) for being absent without leave (AWOL) from 17 April to 4 November 1972. His sentence included forfeiture of $50.00 per month for 5 months.

11. On 13 December 1972, the applicant was discharged, by reason of a physical disability for a medical condition, which was not service related. His records show he completed 3 years, 3 months and 10 days of total creditable active service and 160 days of lost time due to being AWOL.

12. His DD Form 214 shows he received the following awards, the Army Good Conduct Medal (First Award), the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign (RVN) with 60 Device and the Sharpshooter Qualification Badge Rifle M-14.




13. On 12 December 1973, the applicant’s DD Form 214 was amended to add award of the Purple Heart and the Army Commendation Medal.

14. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that a soldier is entitled to wear a bronze service star for each credit campaign.

15. Department of the Army General Orders Number 43, 1970, cited the unit for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March-9 October 1971.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge could be awarded to Medical Department personnel assigned or attached to infantry units of brigade or smaller size who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire. The award was established to recognize medical aid men who shared the same hazards and hardships of ground combat on a daily basis with the infantry soldier.

CONCLUSIONS:

1. The applicant was assigned to the 327th Infantry, Headquarter &
Headquarter Company 2nd Battalion (Ambulatory), as a Medical Clinical Specialist. On 12 December 1973, he was awarded the Purple Heart for combat related injuries, received while attached to a medical unit in RVN. Therefore, the applicant has met the criteria for award of the Combat Medical Badge.

2. The applicant is also eligible for award of one bronze service star for wear on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION
:

That all of the Department of the Army records related to this case be corrected by adding the Combat Medical Badge, the Republic of Vietnam Gallantry Cross with Palm and one bronze service star.

BOARD VOTE:

_RVO _ __FCJ__ _BJE ____ GRANT AS STATED IN RECOMMENDATION

________ _______ _________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




_Raymond V. O'Connor, Jr._
CHAIRPERSON


INDEX

CASE ID AR2003083674
SUFFIX
RECON
DATE BOARDED 2003-09-04
TYPE OF DISCHARGE
DATE OF DISCHARGE 1972-12-13
DISCHARGE AUTHORITY 635-200
DISCHARGE REASON PHYDISAB
BOARD DECISION GRANT
REVIEW AUTHORITY DASA
ISSUES 1. A107.0000
2. A107.0005
3. A107.0094
4. A107.0113
5.
6.



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