RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 December 2004
      DOCKET NUMBER:  AR2004105885


      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. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 his records be corrected to show that he
was awarded the Combat Medical Badge.

2.  The applicant states he went to Vietnam and was initially assigned to
the 1st Medical Battalion, 1st Infantry Division.  However, personnel
shortages soon dictated his assignment to Company A, 2nd Battalion, 28th
Infantry, 1st infantry Division.  He served in the field as a combat medic.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 May 1971, the date of his separation from active duty.
The application submitted in this case is dated 15 March 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 3 years on 17 June 1968.
 He received Basic Combat Training at Fort Leonard Wood, Missouri and
Advanced Individual Training in military occupational specialty (MOS) 91E
(Dental Assistant) at Fort Sam Houston, Texas.

4.  The applicant served as a dental assistant at Fort Polk, Louisiana from
on/about 12 November 1968 to 12 August 1969 when he was reassigned to
Vietnam.

5.  The applicant served in Vietnam from on/about 6 September 1969 to
2 September 1970.  His DA Form 20 (Enlisted Qualification Record) shows
that he was assigned to Company B, 1st Medical Battalion, 1st Infantry
Division; Headquarters and Company A, 1st Medical Battalion, 1st Infantry
Division; and the 499th Dental Detachment during his service in Vietnam.
It also shows that his principal duty was "Dental Assistant" during his
entire Vietnam service.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
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.

7.  AR 600-8-22 also provides, in pertinent part, authority to award a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  A single silver
service star denotes five campaigns.  The applicant served in 4 campaigns:
Summer-Fall 1969 – 9 June 1969 to 31 October 1969; Winter-Spring 1970 – 1
November 1969 to 30 April 1970; Sanctuary Counteroffensive – 1 May 1970 to
30 June 1970; Counteroffensive, Phase VII – 1 July 1970 to 31 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, nor has the applicant provided any to
show that he is entitled to award of the Combat Medical Badge.  The
applicant did not possess a medic MOS; he was a dental assistant.  His
record does not show that he was ever assigned to an infantry unit in the
field that was under fire.

2.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 May 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 May 1974.  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___  __lds___  __mjf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that he is authorized to wear 4 bronze service stars on
his Vietnam Service Medal.



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105885                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041209                                |
|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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