RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 October 2005
      DOCKET NUMBER:  AR20050002800


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 Air Medal (AM) and Combat Medical
Badge (CMB).

2.  The applicant states, in effect, that during the Vietnam War he served
as a platoon medic in an infantry unit of the 1st Cavalry.  He further
states that he participated in daily combat actions and in a number of
helicopter "combat assaults", which at the time he believed merited award
of the AM.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Letter, dated 16 February 2005; Separation
Document (DD Form 214); and Enlisted Qualification Record (DA Form 20).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 May 1967.  The application submitted in this case is
dated 16 February 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 requests award of the AM.  However, there are no orders
or other evidence on file in his Official Military Personnel File (OMPF)
that confirms he is entitled to this award.  In the absence of authority
for this award, he may request award of the AM under the provisions of
Section 1130 of Title 10 of the United States Code (10 USC 1130).  The
applicant has been notified by separate correspondence of the procedures
for applying for this award under
10 USC 1130.  As a result, his request for award of the AM will not be
discussed further in this Record of Proceedings.

4.  The applicant’s record shows that he enlisted into the Army and entered
active duty on 8 June 1964.  He was trained in, awarded and served in
military occupational specialty (MOS) 91B (Medical Corpsman), and the
highest rank he attained while serving on active duty was specialist four
(SP4).
5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 1 June 1966 through 30 May
1967.  During his RVN tour, he was assigned to the Headquarters and
Headquarters Company, 5th Battalion, 7th Cavalry, 1st Air Cavalry Division,
performing duties in MOS 91B, as a medical corpsman (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), Vietnam Campaign Medal (VCM), and 1 Overseas Bar

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 1st Cavalry Division Special Orders Number 48, dated
17 February 1967.  These orders awarded the applicant the CMB.

7.  The applicant's MPRJ also contains Headquarters, 1st Cavalry Division
General Orders Number 4159; dated 19 July 1967.  These orders awarded him
the Bronze Star Medal for meritorious service.  The MPRJ also contains
Headquarters, United States Army Infantry Center, Fort Benning, Georgia
Special Orders Number 261.  These orders awarded the applicant the
Parachutist Badge.

8.  On 30 May 1967, the applicant was honorably separated after completing
a total of 2 years, 11 months, and 23 days of active military service.  The
DD Form 214 he was issued at the time confirms he had held and served in
MOS 91B, and that he earned the following awards during his active duty
tenure:  National Defense Service Medal, Vietnam Campaign Medal; Vietnam
Service Medal, and 1 Overseas Service Bar.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  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.

10.  Chapter 3 of the awards regulation outlines the criteria for award of
the BSM and states, in pertinent part, that it is awarded to members who
distinguished themselves by heroic or meritorious achievement or service in
connection with military operations against an armed enemy.  The regulation
stipulates an Oak Leaf Cluster is issued to denote award of second and
succeeding awards of the BSM and a “V” Device is awarded to denote an award
for heroism (valor).

11.  Chapter 8 of the awards regulation contains guidance on badges.
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.  Paragraph 8-10 contains guidance on award of the
Parachutist Badge.  It states, in pertinent part, to be eligible for award
of the basic Parachutist Badge, an individual must have satisfactorily
completed the prescribed proficiency tests while assigned or attached to an
airborne unit or the Airborne Department of the Infantry School.

12.  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 (HHC 5th Battalion, 7th
Cavalry) earned the RVN Gallantry Cross with Palm Unit Citation.  This
publication also shows that during his tenure of assignment in the RVN, the
applicant was credited with participating in the Vietnam Counteroffensive
and Vietnam Counteroffensive Phase II campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the CMB was
carefully considered and found to have merit.  The applicant's records
contained orders awarding him the CMB.  Therefore it would be appropriate
to add this award to his record and separation document at this time.

2.  The applicant’s record also contains orders awarding him the Bronze
Star Medal and Parachutist Badge.  Therefore, it would be appropriate to
correct his record to show award of this medal and badge.

3.  The evidence or record also confirms that based on his service and
campaign participation in the RVN, the applicant is entitled to the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and 2 bronze
service stars with his Vietnam Service Medal.  Therefore, it would be
appropriate to correct his records to show these awards.

BOARD VOTE:

___JNS__  __LDS__  __KWL__  GRANT FULL RELIEF

________  ________  ________  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 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 he was awarded the
Combat Medical Badge, Bronze Star Medal, and Parachutist Badge; by showing
he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and 2 bronze service stars with his Vietnam Service Medal; and by
providing him a corrected separation document that includes these awards.




                            ____John N. Slone________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002800                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-10-18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/05/30                              |
|DISCHARGE AUTHORITY     |AR635-200                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL/PLUS)                     |
|REVIEW AUTHORITY        |MR CHUN                                 |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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