RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       28 September 2006
      DOCKET NUMBER:  AR20060002115


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 he be awarded the Combat
Medical Badge.

2.  The applicant states, in effect, that his DD Form 214, Armed Forces of
the United States, Report of Transfer or Discharge, does not show that he
is authorized the Combat Medical Badge.  He adds that he served as a combat
medic in Vietnam and he believes he should be authorized this award.

3.  In support of his application, the applicant submits a copy of his DD
Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 6 October 1967, the date of his release from
active duty.  The application submitted in this case is dated 6 February
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 he was inducted into the Army of the
United States on 8 October 1965.  He completed basic combat training at
Fort Benning, Georgia, 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 23 August 1966.

4.  The applicant served in Vietnam from 24 March 1966 through 23 March
1967 with the 568th Medical Company (Clearing), 61st Medical Battalion.
While the applicant was with this unit, he served as a senior litter
bearer.

5.  The applicant was honorably released from active duty, on 6 October
1967, under the provisions of Army Regulation (AR) 635-200, on the
expiration of his term of service.  He was separated in the rank/pay grade,
Specialist Four/E-4.  On the date he was released from active duty, he had
completed 1 year, 11 months, and 29 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 Good Conduct Medal, 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 Combat Medical Badge is 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, Enlisted Qualification Record, showing he was
awarded the Combat Medical Badge.

8.  There is no entry in Item 38 (Record of Assignments), of the
applicant's DA Form 20, to show he was ever assigned to or attached to a
medical unit of company or smaller size that was organic to an infantry
unit of brigade, regimental, or smaller size, which was engaged in active
ground combat.

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

10.  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.

11.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Counteroffensive, which extended
from 25 December 1965 through 30 June 1966; and the Vietnam
Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May
1967.

12.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the unit the applicant
was assigned to was awarded the Meritorious Unit Commendation, for the
period 30 June 1966 through 7 June 1968, by Department of the Army General
Order (DAGO) Number 28, dated 1969.

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

14.  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.

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.

16.  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.

17.  AR 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.  To be awarded the Combat Medical Badge, a Soldier must have held a
medical MOS and must have served in that MOS in active ground combat while
assigned or attached to an infantry unit of brigade, regimental, or smaller
size.

2.  The evidence shows the applicant held the MOS 91B, Medical Specialist;
however, there is no evidence the applicant was ever assigned or attached
to an infantry unit of brigade, regimental, or smaller size while it was
engaged in active ground combat with the enemy.  The evidence shows that
throughout his assignment in Vietnam, the applicant was a senior litter
bearer with the 568th Medical Company (Clearing).  He is therefore not
entitled to award of the Combat Medical Badge, and to have it added to his
DD Form 214.

3.  The applicant served in two campaigns while he served in Vietnam.  He
is therefore entitled to award of two bronze service stars to be affixed
to his Vietnam Service Medal and to have these bronze service stars added
to his DD Form 214.

4.  The applicant served in a unit, which was awarded the Meritorious Unit
Commendation and the Republic of Vietnam Gallantry Cross, with Palm, 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.

5.  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.

6.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

7.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 6 October 1967; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 5 October 1970.  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

___LDS _  __AM____  __PMS_  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 by:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant two overseas service bars and the Vietnam
Service Medal, with two bronze service stars, and adding these awards to
his DD Form 214; and

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




                                  _____Linda D. Simmons__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002115                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/09/28                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   159                |107.0113                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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