RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 JANUARY 2007
      DOCKET NUMBER:   AR20060005768


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 Bronze Star Medal w/"V" device and
the Combat Medical Badge.

2.  The applicant states that the Bronze Star Medal w/"V" device was issued
to him and entered on his Enlisted Qualification Record (DA Form 20).  He
states that this award was never entered on his Report of Transfer or
Discharge (DD Form 214).  He states that the Combat Medical Badge was
issued to him while he was in Vietnam and entered on his DA Form 20.  He
states that this award was included on his DA Form 20; however, it
erroneously shows up as the Combat Infantryman Badge on his DD Form 214.

3.  The applicant provides in support of his application, a copy of his DA
Form 20.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 May 1975.  The application submitted in this case is
dated 13 April 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 requested correction of his records, in part, to show
award of the Bronze Star Medal.  There are no orders or other evidence
authorizing award of this decoration to the applicant.  In the absence of a
proper authority for this decoration, the applicant may request award of
the Bronze Star Medal w/"V" device under the provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings.



4.  On 7 May 1969 the applicant was inducted into the Army in Albuquerque,
New Mexico.  He went on to successfully complete his training as a Medical
Specialist.  Upon completion of his training, he was transferred to the
Republic of Vietnam on 10 September 1969.

5.  While in Vietnam, the applicant served in two campaigns, Vietnam Summer-
Fall 1969, which extended from 9 June through 31 October 1969 and Vietnam
Winter-Spring 1970, which extended from 1 November 1969 through 30 April
1970.  He returned to the Continental United States on 3 October 1970.

6.  The applicant was released from active duty on 6 May 1971 and he was
transferred to the United States Army Reserve Control Group (Annual
Training).  The records indicate that the applicant had a 6 May 1975
terminal date of Reserve obligation.

7.  The DD Form 214 that the applicant was furnished at the time of his
release from active duty shows that he was awarded the Purple Heart, the
Army Commendation Medal, the National Defense Service Medal, the Vietnam
Service Medal w/two Bronze Service Stars, the Republic of Vietnam Campaign
Medal w/device 1960 and the Combat Infantryman Badge.

8.  The applicant's DA Form 20 shows that he was also awarded one Overseas
Service Bar, the Bronze Star Medal and the Expert Marksmanship
Qualification Badge (Rifle M-16).

9.  The available records show that orders were published on 23 August 1970
awarding the applicant the Army Commendation Medal for meritorious service
in connection with military operations against a hostile force from October
1969 to October 1970.

10.  On 2 September 1970, an amendment to the 23 August 1970 orders was
published awarding the applicant the Army Commendation Medal (First Oak
Leaf Cluster) for meritorious service in connection with military
operations against a hostile force from October 1969 to October 1970.

11.  Orders were published on 28 April 1971 awarding the applicant the Army
Good Conduct Medal; orders were published on 9 May 1970, awarding him the
Air Medal; and orders were published on 2 February 1970, awarding him the
Combat Medical Badge.  However, the available records fail to show
published orders awarding the applicant the Combat Infantryman Badge.


12.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect all decorations, medals, badges, commendation,
citations and campaign ribbons awarded to an individual while on active
duty.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Infantryman Badge is awarded to infantry officers and
to enlisted and warrant officer persons who have an infantry military
occupational specialty (MOS).  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as the Total Army Personnel Command) has
advised, in similar cases, that during the Vietnam era the Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

14.  Army Regulation 600-8-22 also 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.  If a Soldier has been awarded
the Combat Medical Badge for service in any of the Vietnam era areas, that
Soldier is not eligible to earn the Combat Infantryman Badge.

15.  Army Regulation 600-8-22 further provides, in pertinent part, that the
Air Medal is awarded in time of war for heroism and for meritorious
achievement or service while participating in aerial flight.  This award is
primarily intended for personnel on flying status, but may also be awarded
to those personnel whose combat duties require them to fly, for example
personnel in the attack elements of units involved in air-land assaults
against an armed enemy.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.  Arabic numerals, starting with the numeral 2, 3/16
inches in height are issued instead of a medal or ribbon for second and
succeeding awards of the Air Medal.

16.  Army Regulation 600-8-22 states, in pertinent part, that the first oak
leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Army Commendation Medal.



17.  Army Regulation 672-5-1, in effect at the time, provides that the Good
Conduct Medal is awarded to individuals who have completed a qualified
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.  The enlisted person must have had
all “excellent” conduct and efficiency ratings and no convictions by a
court-martial.  Ratings of "Unknown" for portions of the period under
consideration are not disqualifying.  Service and efficiency ratings based
upon academic proficiency of at least "Good" rendered subsequent to 22
November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence in this case, the applicant is entitled to
correction of his records to show the awards, which were either completely
omitted or incorrectly annotated on his DD Form 214.

2.  Orders were published awardeding him the Air Medal, the Combat Medical
Badge and the Good Conduct Medal.  He was also entitled to one Overseas
Service Bar to reflect his overseas service; the Army Commendation Medal
w/First Oak Leaf Cluster; and the Expert Marksmanship Qualification Badge
(Rifle M-16).  Each of these awards should have been included on his DD
Form 214 at the time of his separation from the Army and it would be
appropriate to correct his records accordingly.

3.  However, it appears that the Combat Infantryman Badge was erroneously
placed on the applicant's DD Form 214 and in accordance with the applicable
regulation, if a Soldier has been awarded the Combat Medical Badge for
service in any of the Vietnam era areas, that Soldier is not eligible to
earn the Combat Infantryman Badge.  Therefore, it would be in the interest
of justice to delete the Combat Infantryman Badge from the applicant DD
Form 214.

4.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 May 1975; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 May 1978, 3 years after his terminal date of Reserve
obligation.  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:

___JA___  ___JP___  ___SF __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

      a.)  amending his DD Form 214 to show that he was awarded an Oak Leaf
Cluster for wear on his Army Commendation Medal, the Air Medal, the Combat
Medical Badge, the Good Conduct Medal; the Expert Marksmanship
Qualification Badge (Rifle M-16) and one Overseas Service Bar; and


      b.)  deleting from his DD Form 214 the Combat Infantryman Badge.




                            ____James Anderholm___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005768                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  60                  |107.0014/BSM                            |
|3.  159                 |107.0113/CMB                            |
|4.  154                 |107.0108/EXPERT MARKSMAN QUAL BDG       |
|5.                      |                                        |
|6.                      |                                        |


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