RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         01 FEBRUARY 2005
      DOCKET NUMBER:  AR20040002463


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. William Powers                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Medical Badge.

2.  The applicant states he served in the field with the 1st Battalion,
327th Infantry as a combat medic but never received the badge.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 December 1971.  The application submitted in this case
is dated
18 May 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 2 April 1970 and was trained as a medical aidman (91A) and
subsequently promoted with a primary specialty of 91B (medical specialist).

4.  In September 1970 the applicant arrived in Vietnam and was assigned as
a medical aidman with the 1st Battalion, 327th Infantry.  On 4 November
1970, "while serving as a medical aidman with Company C, 1st Battalion,
327th Infantry" he was wounded as a result of hostile action while coming
to the aid of another wounded Soldier.  In addition to an award of the
Purple Heart, the applicant was also awarded a Bronze Star Medal with "V"
device for his actions on
4 November.

5.  As a result of his combat wound, the applicant was medically evacuated
from Vietnam.  He was subsequently awarded an Army Commendation Medal for
meritorious achievement while in Vietnam.  The award was confirmed in
orders issued by the 101st Airborne Division, but was omitted from his
separation document.

6.  The applicant returned to duty at Fort Campbell, Kentucky and on
1 December 1971 he was released from active duty, in pay grade E-5, with an
honorable characterization of service.

7.  Army Regulation 600-8-22 states that the Combat Medical Badge may be
awarded to medical personnel, assigned or attached by appropriate orders 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, provided they are personally present and under fire during
such ground combat.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in one designated campaign (Vietnam
Counteroffensive Phase VII) during the applicant’s period of assignment.
One bronze service star on the Vietnam Service Medal, which is recorded on
his separation document, should reflect his campaign participation.

9.  Department of the Army Pamphlet 672-3 also provides, in pertinent part,
for award of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm to all individuals who served in Vietnam between 20 July 1965 and 28
March 1973 in a unit which was subordinate to Headquarters, United States
Army Vietnam.  The applicant’s unit was such a unit.

10.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  Although the applicant's file does not
contain copies of orders awarding him the Army Good Conduct Medal, they do
contain a "Request for Orders" which is dated 19 November 1971 request that
such orders be published.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence that the applicant met the qualification
requirements for award of the Combat Medical Badge and was likely not
awarded it because of his quick departure from Vietnam.  He should be
awarded the badge.

2.  The evidence also confirms that the applicant was awarded an Army
Commendation Medal, which was omitted from his separation document, and
that he is also entitled to one bronze service star on his Vietnam Service
Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 1 December 1971.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 2 April 1970 through 1 December 1971.

BOARD VOTE:

___WM  _  ___JM __  ___WP__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:

      a.  by awarding him the Combat Medical Badge;


      b.  by showing that he was awarded an Army Commendation Medal;


      c.  by showing that he is entitled to one bronze service star on his
Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm; and


      d.  by awarding him the Army Good Conduct Medal for the period 2 April
1970 through 1 December 1971.




                            _____Walter Morrison________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002463                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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