RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060007224


      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. Thomas Ray                    |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Combat Medical Badge.

2.  The applicant states that he was a combat medic attached to the 52nd
Medical Division in Vietnam from February 1968 to September 1968.  He also
contends that he carried an M-16 rifle all the time.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 September 1968.  The application submitted in this case is
dated 9 May 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 was inducted on 7 October 1966.  He was awarded military
occupational specialty (MOS) 91A (medical corpsman).  He arrived in Vietnam
on 4 March 1968.  He served as a medic assigned to the 51st Medical Company
in Vietnam from 15 April 1968 through 22 September 1968.  On 27 September
1968, the applicant was released from active duty.

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, one award 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.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

7.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

8.  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.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served as a combat medic while assigned to
the 52nd Medical Division from February 1968 to September 1968.  However,
his records show he was assigned to the 51st Medical Company from 15 April
1968 through 22 September 1968.

2.  Unfortunately, there is no evidence of record to show the applicant was
personally present and under fire during ground combat while with the 51st
Medical Company or that he was assigned or attached to a medical unit that
was organic to an infantry unit.  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.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.


5.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 27 September 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 26
September 1971.  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

CG_____  __TR____  __PT____  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned




to show the Vietnam Service Medal with three bronze service stars and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.



                                  __Curtis Greenway_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007224                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0113                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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