RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060007770


      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. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 served with Company C, 1st Medical
Battalion as a combat medic during the TET Offensive 1968.  He also states
that his primary military occupational specialty (MOS) was 91B (medical
corpsman).

3.  The applicant provides two applications; a copy of his DD Form 214; an
eyewitness statement, dated 8 May 2006; and a letter, dated 29 May 2006,
from the Veterans of Foreign Wars, Department of Massachusetts.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 November 1968.  The application submitted in this case is
dated 29 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 enlisted on 26 April 1966 for a period of 3 years.
Records show he completed a 2-week medical corpsman course and was awarded
MOS 91A (medical corpsman) in August 1966.  He then completed an 8-week
basic dental assistant course and was awarded primary MOS 91E effective 21
October 1966. He arrived in Vietnam on 1 November 1967.  He served in MOS
91E while assigned to Headquarters and Company A, 1st Medical Battalion,
1st Infantry Division in Vietnam from 9 November 1967 through 1 February
1968.  He served in MOS 91E while assigned to Company C, 1st Medical
Battalion, 1st Infantry Division in Vietnam from 2 February 1968 through 1
April 1968.  He served in MOS 91E while assigned to Headquarters and
Company A, 1st Medical Battalion, 1st Infantry Division in Vietnam from 2
April 1968 through
25 November 1968.  On 28 November 1968, the applicant was released from
active duty in the rank of specialist four after completing 2 years, 7
months, and
3 days of creditable 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, and the Army Commendation Medal as authorized awards.

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

6.  In support of his claim, the applicant provided an eyewitness
statement, dated 8 May 2006, from a fellow Soldier at the time in question.
 He attests that he met the applicant in early 1968 during the TET
Offensive and that the applicant was serving as a combat medic in MOS 91B
assigned to Company C, 1st Medical Battalion.

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 five 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 Medical
Battalion) was cited for award of the Meritorious Unit Commendation for
actions during the period 1 October 1967 to 31 March 1968 by Department of
the Army General Orders Number 55, dated 1968.  His unit was cited for a
second award of the Meritorious Unit Commendation for actions during the
period 1 April 1968 through 30 September 1968 by Department of the Army
General Orders Number 31, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit (1st
Medical Battalion) is entitled to the Republic of Vietnam Gallantry Cross
with Palm Unit Citation based on Department of the Army General Orders
Number 21, dated 1969.

11.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit
(1st Medical Battalion) 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.

12.  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.

13.  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.

14.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that his primary MOS was 91B in
Vietnam, evidence of record shows he was awarded primary MOS 91E effective
21 October 1966 and he subsequently arrived in Vietnam on 1 November 1967.


2.  Evidence of record shows the applicant served as a dental specialist
while assigned to a medical battalion of an infantry division during his
assignment in Vietnam.  In the absence of orders or other evidence of
record showing that the applicant was personally present and under fire
during ground combat while assigned to a medical unit of company or smaller
size that was organic to an infantry unit of brigade, regimental, or
smaller size, the eyewitness statement provided by the applicant is not
sufficient as a basis for award of the Combat Medical Badge.  Therefore,
there is insufficient evidence on which to base award of the Combat Medical
Badge in this case.

3.  The applicant was separated in the rank of specialist four with 31
months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 26 April 1966 through 28 November
1968 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant participated in five campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star.

5.  The applicant’s unit (1st Medical Battalion) was cited for the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and two awards of the
Meritorious Unit Commendation while he was assigned to it.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 28 November 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 27
November 1971.  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

WC_____  _AM____  __DL____  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 26 April 1966 through 28 November 1968; and

      b.  amending his DD Form 214 to add the Good Conduct Medal, one
silver service star for wear on his already awarded Vietnam Service Medal,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and two awards of the Meritorious Unit Commendation.

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.




                            ___William Crain______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007770                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|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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