RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2004
      DOCKET NUMBER:  AR2004104490


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Robert Rogers                 |     |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 that he be awarded the Combat Medical Badge for
service in Vietnam.

2.  The applicant states that he was not a school-trained medic and did not
engage in combat, but he performed on-the-job training (OJT) in medical
units assisting with the wounded.

3.  The applicant provides:

      a.  A self-authored, undated letter of explanation.

      b.  A copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) for the period 21 January 1970 to 20
November 1972.

      c.  A copy of Special Orders Number 007, Headquarters, 516th
Personnel Service Company, APO SF 96349, dated 8 April 1972, promoting the
applicant to Specialist Five (SP5/E-5) effective 1 April 1972.

      d.  A copy of a Department of Veterans Affairs (DVA) letter to the
applicant dated 23 January 2004 informing him he was denied service-
connection for medical conditions.

      e.  A copy of the DVA Rating Decision dated 21 January 2004 denying
the applicant's claim.

      f.  A copy of the applicant's DA Form 20 (Personnel Qualification
Record).

      A copy of Special Orders Number 348, Headquarters, 222d (AG)
Personnel Service Company, APO SF 96491, dated 14 December 1971, awarding
him a secondary MOS (military occupational specialty) of 71B20 (Clerk).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 November 1972, the date of his separation from active
duty.  The application submitted in this case is dated 14 February 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.  The applicant enlisted in the Regular Army for a period of 2 years and
10 months on 21 January 1970.  He underwent Basic Combat Training at Fort
Polk, Louisiana and Advanced Individual Training (AIT) at Fort Gordon,
Georgia where he was awarded MOS 72B (Communication Center Specialist).

4.  Following AIT, the applicant was transferred to Vietnam for his first
permanent duty assignment.  In Vietnam, he served as a clerk/typist and
teletype operator (communications center specialist) in medical units.  His
MOS was listed as 71B (Clerk/Typist) and 72B.

5.  The applicant's history of appointments and reductions shows that he
entered the Army on 21 January 1970 as a Private (PV1/E-1); he was promoted
to Private (PV2/E-2) on 13 April 1970; he was promoted to Private First
Class (PFC/E-3) on 16 June 1970; he was promoted to Specialist Four (SP4/E-
4) on 10 August 1970; and he was promoted to Specialist Five (SP5/E-5) on
1 April 1972.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Medical Badge (CMB) is awarded to medical department
personnel (colonel 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 states that, although this medical 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
CMB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that he be awarded the CMB; however he states
that he was not a school-trained medic and did not participate in combat.
He states that his OJT medic duties involved with the wounded and dying
when they arrived from the field to the medical unit via medevac.

2.  The applicant was never assigned to an infantry unit while in Vietnam.

3.  In order to qualify for award of the CMB, a medic must have been
assigned or attached to a medical unit – company size or smaller – that is
organic to an infantry unit of brigade, regimental or smaller size which is
engaged in active ground combat.

4.  The applicant does not qualify for award of the CMB.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 November 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 November 1975.  However, the applicant did not 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __ecp___  __rr____  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.



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104490                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041116                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0113                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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