RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060000849


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine Taylor                |     |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, he served as a combat medic assigned
to Company B, 4th Medical Battalion of the 4th Infantry Division in Vietnam
for over one year.  He contends that he had a number of encounters with the
enemy, that he had to perform field first aid on a number of occasions
while under enemy fire, and that he served as an operating room specialist
with the 35th Field Evacuation hospital.

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record)
and a DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 March 1970.  The applications submitted in this case are dated 3 January
2006 and 13 January 2006.

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 enlisted on 7 February 1966 for a period of 4 years.  He
was awarded military occupational specialty (MOS) 91A (medical corpsman).
He arrived in Vietnam on 18 January 1969.  He served as a medic assigned to

Headquarters and Headquarters Company, 1st Battalion, 35th Infantry of the
4th Infantry Division in Vietnam from 1 February 1969 through 1 May 1969.
He served as a medic assigned to Company B, 4th Medical Battalion of the
4th Infantry Division in Vietnam from 2 May 1969 through 17 January 1970.
On
5 March 1970, the applicant was released from active duty in the rank of
sergeant after completing 4 years and 29 days of creditable active service
with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, two awards of the Overseas Service Bar, and the Marksman
Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  There are no orders for the Combat Medical Badge in the applicant’s
service personnel records.

6.  Headquarters, 4th Infantry Division General Orders Number 7941, dated
14 December 1969, show the applicant received the Army Commendation Medal
for meritorious service in connection with military operations against an
armed hostile force in Vietnam during the period May 1969 to January 1970.

7.  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
show he received conduct and efficiency ratings of “excellent” throughout
his service.

8.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

9.  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 the applicant's unit (1st
Battalion, 35th Infantry) is entitled to one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation based on Department of the
Army General Orders Number 38, dated 1970, and his unit (4th Medical
Battalion) is entitled to one award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 52, dated 1971.

10.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (1st Battalion, 35th Infantry) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 53, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards) provides, 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.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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.

14.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended he served as a combat medic while assigned to
Company B, 4th Medical Battalion of the 4th Infantry Division for over one
year.  However, his records show he was initially assigned to Headquarters
and Headquarters Company, 1st Battalion, 35th Infantry.  His records show
he was not assigned to Company B, 4th Medical Battalion until May 1969.

2.  Unfortunately, there is no evidence of record to show the applicant was
personally present and under fire during ground combat while with
Headquarters and Headquarters Company, 1st Battalion, 35th Infantry.
Therefore, there is insufficient evidence to show he was eligible for award
of the Combat Medical Badge while he was assigned to that unit.

3.  There is evidence of record, in the form of an Army Commendation Medal
for meritorious service in connection with military operations against an
armed hostile force, while the applicant was with Company B, 4th Medical
Battalion of the 4th Infantry Division.  However, the eligibility criteria
for award of the Combat Medical Badge requires assignment to a medical unit
of company or smaller size that is organic to an infantry unit of brigade,
regimental, or smaller size.  Unfortunately, the applicant was assigned to
a medical battalion of an infantry division.  Therefore, he did not meet
the eligibility criteria for award of the Combat Medical Badge while he was
assigned to this unit, either.

4.  There are no orders for the Good Conduct Medal in the applicant’s
service personnel records.  However, since he was separated in the rank of
sergeant with over four years of creditable active service with no time
lost, it appears he met the eligibility criteria for the first award of the
Good Conduct Medal based on completion of a period of qualifying service of
3 years from 7 February 1966 to 6 February 1969.

5.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

6.  The applicant's units were awarded two awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and so he is entitled to
wear one of those awards.  Therefore, his DD Form 214 should be corrected
to show two awards of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.

7.  The applicant’s unit (1st Battalion, 35th Infantry) was cited for the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 March 1970; therefore, the time for
the applicant to file a request for correction of any error expired on 4
March 1973.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

CG____  __JG____  _PT______  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:

      a.  awarding him the first award of the Good Conduct Medal for the
period 7 February 1966 to 6 February 1969; and

      c.  amending his DD Form 214 to add the Good Conduct Medal and to
show that he was awarded the Army Commendation Medal, the Vietnam Service
Medal with four bronze service stars, two awards of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

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.




                            __Curtis Greenway_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000849                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0113                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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