RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 June 2005
      DOCKET NUMBER:  AR20040007981


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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, in effect, award of the Combat Medical Badge
(CMB).

2.  The applicant states, in effect, that he believes he is entitled to the
CMB because he was a medical evacuation (MEDEVAC) medical corpsman (MEDIC)
and he received the Bronze Star Medal (BSM) with Valor (“V”) Device, for
heroism while he was serving in the Republic of Vietnam (RVN).

3.  The applicant provides a copy of his separation document (DD Form 214)
and BSM with “V” Device orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 18 September 1968.  The application submitted in this case
is dated 14 September 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 limitations 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.  The applicant’s record shows that he was inducted into the Army of the
United States and entered active duty on 16 November 1966.  He was trained
in, awarded and served in military occupational specialty (MOS) 91B (MEDIC)
and the highest rank he attained while serving on active duty was
specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 12 October 1967 through 14 September 1968.
During his RVN tour, he was assigned to the 2nd Surgical Hospital, 54th
Medical Detachment, 2nd Surgical Hospital, performing duties in MOS 91B as
an
air ambulance MEDIC.  Item 41 (Awards and Decorations) shows he earned the
following awards during his active duty tenure:  National Defense Service
Medal (NDSM), Vietnam Service Medal (VSM), BSM with “V” Device, Air Medal
(AM)
(11th Award), RVN Campaign Medal and Sharpshooter Qualification Badge with
Rifle Bar.
5.  On 18 September 1968, the applicant was honorably separated after
completing a total of 1 year, 10 months and 3 days of active military
service.  The DD Form 214 he was issued shows that he earned the following
awards:  NDSM, VSM, RVN Campaign Medal, BSM, AM, Sharpshooter Qualification
Badge with Rifle Bar, and 2 Overseas Bars.

6.  The applicant provides a copy of Headquarters, 44th Medical Brigade
General Orders Number 777, dated 6 September 1968.  These orders awarded
the applicant the BSM with “V” Device, for heroism on 7 May 1968, while
serving as a MEDIC aboard a MEDEVAC helicopter in the RVN.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragarph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each RVN campaign a member is credited with participating in.  Table B-
1 contains a list of RVN campaigns.  It shows that during his tenure of
assignment in the RVN, the applicant was credited with participating in the
following campaigns:  Vietnam Counteroffensive Phase III, TET
Counteroffensive 1968, Vietnam Counteroffensive Phase IV and Vietnam
Counteroffensive Phase V.

8.  Chapter 8 of the awards regulation contains the policy on award of
badges and tabs of United States origin.  Paragraph 8-7 contains the policy
and outlines the eligibility criteria for award of the CMB.  It states, in
pertinent part, that a CMB may be awarded to eligible medical personnel who
are 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:

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes 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 his tenure of
assignment in the RVN, the applicant’s unit (2nd Surgical Hospital) earned
the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross with Palm
Unit Citations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CMB based on his service as
a MEDEVAC MEDIC in the RVN and because he earned the BSM with “V” Device
for heroism was carefully considered.  However, by regulation, in order to
qualify for the CMB, a MEDIC must be 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, provided they are personally present and under fire during such
ground combat.

2.  The evidence of record confirms the applicant’s outstanding record of
combat service, and the heroism he displayed while working as a MEDIC on a
MEDEVAC helicopter.  However, the record clearly shows he was not assigned
to a qualifying infantry unit, or medical unit that was organic to an
infantry unit of brigade or smaller size.  As a result, the regulatory
criteria necessary to support award of the CMB has not been satisfied in
this case.

3.  Records show the applicant should have discovered the alleged error or
injustice related to award of the CMB now under consideration on 18
September 1968.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 17 September 1971.
However, he failed to file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

4.  The evidence of record does show that based on his service and campaign
participation in the RVN, the applicant is entitled to the MUC, RVN
Gallantry Cross with Palm Unit Citation and 4 bronze service stars with his
VSM.  It
was also noted that his DD Form 214 did not accurately show he earned the
BSM with “V” Device and that he earned the 11th award of the AM.  These are
administrative matters that do not require Board action to correct.
Therefore, correction of the applicant's records will be accomplished by
the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MKP_  ___PKM _  ___LMD    DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that there are administrative errors in the
records of the individual that should be corrected.  Therefore, the Board
requests that the CMSD-St. Louis administratively correct the records of
the individual concerned to show his entitlement to the Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation
and 4 bronze service stars with his Vietnam Service Medal; by showing he
earned the BSM with “V” Device and the 11th award of the Air Medal; and by
providing him a corrected separation document that includes these changes.





            ___Margaret K. Patterson__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007981                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/09/18                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0113                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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