RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060001716


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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, in effect, that the already-awarded Army
Commendation Medals he was awarded be added to his DD Form 214, Armed
Forces of the United States, Report of Transfer or Discharge.  He also
requests that he be awarded the Combat Medical Badge and that it be added
to his DD Form 214.

2.  The applicant states, in effect, that he was awarded those medals.  He
has a copy of orders that award him one Army Commendation Medal, but not
both.  He adds that he needs the record to show he was awarded the Combat
Medical Badge to support his claim for PTSD (posttraumatic stress
disorder).

3.  In support of his application, the applicant submits a copy of the
general orders, dated 25 March 1967, which award him the Army Commendation
Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 2 November 1967, the date of his release from
active duty.  The application submitted in this case is dated 25 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 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’s records show that he was inducted into the Army of
the United States on 9 November 1965.  He completed basic combat training
at Fort Hood, Texas, and his advanced individual training at Fort Sam
Houston, Texas.  After completing all required training, he was awarded
the military occupational specialty (MOS), 91A (Medical Corpsman).  The
applicant was awarded the MOS 91B (Medical Specialist) on 15 November
1966, when he was promoted to Specialist Four.  The applicant was
promoted to the rank of Specialist Five on 18 July 1967.
4.  The applicant served in Vietnam from 12 December 1966 through 1
November 1967.  He served with Headquarters and Headquarters Troop, 3rd
Squadron, 5th Cavalry, 9th Infantry Division, in the MOS 91B as an
ambulance driver.

5.  The applicant was honorably released from active duty, on 2 November
1967, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnee.  He was separated in the rank/pay grade, Specialist
Five/E-5.  On the date he was released from active duty, he had completed 1
year, 11 months, and 24 days active military service, with no days lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal; and the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle].  The Army
Commendation Medals and the Combat Medical Badge are not shown on the
applicant's DD Form 214.

7.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing that he was awarded Army Commendation
Medals and the Combat Medical Badge.

8.  Notwithstanding the above, the applicant was awarded the Army
Commendation Medal, for meritorious achievement, for action on 18 February
1967, by General Orders Number 1853, published by Headquarters, 1st
Infantry Division, dated 25 March 1967.

9.  The evidence shows the applicant was awarded a second Army
Commendation Medal, in effect, the Army Commendation Medal, with oak
leaf cluster, for meritorious service in connection with military
operations against a hostile force, for the period 3 January 1967
through 31 October 1967, by General Orders Number 5910, published by
Headquarters, 9th Infantry Division, dated 31 October 1967.

10.  There are no orders in the applicant's military personnel records
awarding him the Combat Medical Badge.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.
12.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II,
which extended from 1 July 1966 through 31 May 1967; and the Vietnam
Counteroffensive, Phase III, which extended from 1 June 1967 through 29
January 1968.

13.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

14.  The applicant's unit, a subordinate unit of the US Army, Vietnam,
(USARV) is entitled to award of the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 through 28 March
1973, awarded by DAGO 8, dated 1974.

15.  AR 600-8-22 provides, in pertinent part, that the Combat Medical Badge
is awarded to medical department personnel, in the rank of 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.  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 these infantry regiments
historically met the requirements for qualifying service for the Combat
Medical Badge.

16.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

17.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

19.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
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.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded Army Commendation Medals
in general orders dated 25 March and 31 October 1967.  The second published
general orders should have awarded him, in effect, the Army Commendation
Medal, with oak leaf cluster.  Both these orders were on file in the
applicant's service personnel records.  It is apparent the award was not
transcribed to his DD Form 214 on his release from active duty.  Based on
the evidence, the applicant is entitled to have the already-awarded Army
Commendation Medals added to his DD Form 214 as the Army Commendation
Medal, with oak leaf cluster.

2.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
the applicant did to
disqualify himself from this award.  He is therefore eligible for award of
the Good Conduct Medal for the period 9 November 1965 through 2 November
1967.

3.  The applicant served in two campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with two
bronze service stars, and to have this award correctly shown on his DD Form
214.

4.  To be awarded the Combat Medical Badge, a Soldier must have a medical
MOS and be 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.  Campaign 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.

5.  The evidence shows the applicant held a medical MOS (91B).  His records
show he served in this MOS as an ambulance driver in a cavalry troop
assigned to an infantry division.  There is no evidence, and the applicant
provided none to show, he was personally present and served under fire in
active combat while he was assigned to this unit.  Based on the evidence,
he is not entitled to award of the Combat Medical Badge, and to have this
badge added to his DD Form 214.

6.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation while he was
a member of the unit.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to his DD Form
214.

7.  The applicant served in Vietnam for 12 months, including the month of
his arrival in, and the month of his departure from Vietnam.  He is
therefore entitled to award of two overseas service bars and to have these
bars added to his DD Form 214.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 November 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 November 1970.  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

__ROM__  __RML__  __ena___  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars, and correctly adding this award to his DD Form 214;

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;

      d.  adding the already-awarded Army Commendation Medals to the
applicant's DD Form 214 as the Army Commendation Medal, with oak leaf
cluster; and

      e.  awarding the applicant two overseas service bars and adding these
bars to his DD Form 214.

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 to the applicant and its addition to his
DD Form 214.




                            _____Eric N. Anderson _____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001716                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  66                  |107.0020                                |
|3.  159                 |107.0113                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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