RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050000635


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, in effect, that failure to record the Combat
Medical Badge on his discharge document is preventing him from receiving
benefits from the State of Louisiana, Department of Veterans Affairs.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and a cover transmittal
letter from the State of Louisiana, Department of Veterans Affairs, dated 3
January 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 March 1970, the date of his separation from active duty.
The application submitted in this case is dated 3 January 2005.

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 military service record shows that he was inducted into
the U.S. Army on 17 May 1968.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 91A (Medical Corpsman).

4.  The applicant's military service record shows that he was assigned to
Headquarters and Headquarters Battery, 3rd Battalion, 18th Artillery
Regiment, 23rd Infantry (Americal) Division in Vietnam, from 10 April 1969
through
16 March 1970.  His military service record also shows that his principal
duty was Ambulance Driver (MOS 91A1O), from 10 April 1969 through 4 August
1969.  On 5 August 1969, the applicant was promoted to specialist four/pay
grade E-4 and assigned principal duty as Battery Aidman (MOS 91B2O, Medical
Specialist), from 5 August 1969 through 16 March 1970.

5.  The applicant was separated from the U.S. Army under honorable
conditions on 21 March 1970 after serving on active duty for a total of 1
year, 10 months, and 5 days.

6.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Army
Commendation Medal, National Defense Service Medal, Vietnam Service Medal,
Vietnam Campaign Medal, and Expert Marksmanship Qualification Badge with
Rifle (M14) Bar.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served 12 months in the Republic of
Vietnam, from
27 March 1969 through 21 March 1970.  Item 39 (Campaigns) of this document
shows that he participated in the TET 69 Counteroffensive campaign.

8.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Combat Medical Badge.

9.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

10.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to the 3rd Battalion, 18th Artillery, the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 42, 1972.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the TET 69
Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970
campaigns.


13.  Army Regulation 600-8-22, paragraph 8-7, provides for award of the
Combat Medical Badge.  This paragraph states, in pertinent part, that the
Combat Medical Badge 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 and the Soldier must have been personally present
and under fire during such ground combat.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

15.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

17.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 is incorrect
and that he is entitled to award of the Combat Medical Badge.  The
applicant provides no documentary evidence in support of his claim.

2.  There are no orders or evidence of records that show the applicant was
awarded the Combat Medical Badge.  Although the applicant was a qualified
medical department enlisted Soldier while serving in Vietnam, he was not
assigned to a medical unit; he was assigned to an artillery unit.  The
applicant's records fail to show any evidence that he was assigned or
attached to a medical unit of company or smaller size that was organic to
an infantry unit of brigade, regimental or smaller size, while engaged in
active ground combat and that he was personally present and under fire
during such ground combat.  Therefore, there is insufficient evidence upon
which to base award of the Combat Medical Badge in this case.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 17 May 1968 through 21 March 1970 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

4.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

5.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
two Overseas Service Bars.





7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 March 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
20 March 1973.  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.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MDM__  __LCB__  ___CD___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 by showing award of the
Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, Vietnam Service Medal with 3 bronze service stars, and 2 Overseas
Service Bars.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Medical Badge.





                            _____Mark D.Manning_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000635                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700321                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT - PARTIAL                         |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0113.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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