RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060010106


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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, award of the Combat Medical Badge
(CMB) or Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, although there is no record, he
participated in airmobile search and destroy missions, and came under enemy
fire during night assault helicopter missions.  He also claims he was
assigned as a medical corpsman (MEDIC) with an Artillery unit under fire
and served as a guard in guard towers and ground perimeters while these
positions received enemy mortar, small arms, and rocket fire.  He also
claims to have performed combat patrols.

3.  The applicant provides the 11 enclosures identified in his application
addendum as documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 1 August 1967.  The application submitted in this case is
dated
28 June 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's record shows that he was inducted into the Army and
entered active duty on 25 October 1965.  He was trained in, awarded, and
served in military occupational specialty (MOS) 91B (Medical Specialist),
and the highest rank he attained while serving on active duty was
specialist four (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 2 August 1966 through 31 July
1967.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that during his RVN tour, he was assigned to Headquarters and Headquarters
Company (HHC), 5th Battalion, 7th Cavalry Regiment, performing duties in
MOS 91B as a medic, from 2 August 1966 through 27 January 1967.  It also
shows he was assigned to the 15th Administration Company, 1st Cavalry
Division, performing duties in MOS 56B as a general warehouseman and 91B as
a Medic, from 28 January through 29 July 1967.

6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders, or other documents that indicate he was ever recommended for, or
awarded either the CMB or CIB by proper authority while he was serving in
the RVN.  The MPRJ does contain a statement from the Battalion Surgeon, 5th
Battalion, 7th Cavalry Regiment, dated 9 December 1966.  The statement
indicated the applicant was a medic assigned to the medical platoon of
5th Battalion, 7th Cavalry Regiment since April 1966, and that he had known
the applicant since November 1965.  It further stated, in pertinent part,
that although the applicant had been unable to participate in field duty
since his arrival in the RVN, due to a profile for his eyes, he had done
very good work for the medical platoon and the battalion.

7.  On 1 August 1967, the applicant was honorably separated after
completing
1 year, 9 months, and 7 days of active military service.  The DD Form 214
he was issued at the time shows he earned the following awards during his
active duty tenure:  National Defense Service Medal; Army Commendations
Medal; Army Good Conduct Medal; Vietnam Service Medal (VSM) and RVN
Campaign Medal.  Neither the CIB nor CMB were included in the list of
awards contained on the separation document, and the applicant
authenticated the DD Form 214 on the date of his separation.

7.  The supporting documents provided by the applicant include a Vietnam
Combat Certificate, unit history documents and publications, and Department
of Veterans Affairs rating documents.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each RVN campaign a member is credited with participating in.  Table B-
1 contains a list of RVN campaigns.  It shows that during his tenure of
assignment in the RVN, the applicant was credited with participating in the
Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III
campaigns.

9.  Chapter 8 of the awards regulation contains the policy on award of
badges and tabs of United States origin.  Paragraph 8-6 of the awards
regulation contains guidance on award of the CIB.  It states, in pertinent
part, that there are basically three requirements for award of the CIB.
The Soldier must be an infantryman satisfactorily performing infantry
duties, must be assigned to an infantry unit of brigade, regimental, or
smaller size during such time as the unit is engaged in active ground
combat, and must actively participate in such ground combat.  Combat
service alone is not sufficient for award of the CIB.  The Awards Branch of
the United States Army Human Resources Command (formerly known as the Total
Army Personnel Command) has advised, in similar cases, that during the
Vietnam era the CIB was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.  Combat service alone does not
provide a basis to award the CIB.

10.  Paragraph 8-7 of the awards regulation contains the policy and
outlines the eligibility criteria for award of the CMB.  It states, in
pertinent part, that a CMB may be awarded to eligible medical personnel who
are assigned or attached by appropriate orders to an infantry unit of
brigade, regimental, or smaller size, or to a medical unit of company or
smaller size, organic to an infantry unit of brigade or smaller size,
during any period the infantry unit is engaged in actual ground combat,
provided they are personally present and under fire during such ground
combat.  Combat service alone does not provide a basis to award the CMB.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s units (7th Cavalry Regiment and 15th
Administration Company) earned the Meritorious Unit Commendation (MUC) and
RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB or CMB based on his
combat service in the RVN was carefully considered.  However, by
regulation, in order to qualify for the CIB there must be evidence
confirming the member held and served in an infantry MOS, and to qualify
for the CMB, a MEDIC must be assigned or attached to an infantry unit of
brigade, regimental, or smaller size, or to a medical unit of company or
smaller size, organic to an infantry unit of brigade or smaller size,
during any period the infantry unit is engaged in actual ground combat,
provided they are personally present and under fire during such ground
combat.  Combat service alone does not satisfy the requirement for award of
either the CIB or CMB.
2.  The veracity of the applicant's claim that he actively participated in
combat operations while serving in the RVN, which included patrols, guard
duty, and various other duties, is not in question.  However, there are no
orders, or other documents on file that show he was ever recommended for,
or awarded either the CIB or CMB while he was serving on active duty.
Neither the CIB or CMB is included in the list of awards contained on the
applicant's separation document, which he authenticated with his signature
on the date of his separation.  In effect, his signature was his
verification that the information contained on the DD Form 214, to include
the list of awards, was correct at the time the document was prepared and
issued.

3.  The evidence of record confirms the applicant’s combat service in the
RVN; however, combat service alone does not support award of the CMB or
CIB.  The record clearly shows the applicant did not hold and serve in an
infantry MOS and that he did not perform combat medic duties with a
qualifying infantry unit.  This is evidenced by his assignment to a HHC,
and by the information contained in the Battalion Surgeon statement on
file, which confirms he did not perform field duty with his unit due to a
medical profile.  As a result, the regulatory burden of proof necessary to
support award of either the CMB or CIB has not been satisfied in this case.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 1967, the date of his
separation.  Therefore, the time for him to file a request for correction
of any error or injustice expired on 31 July 1970.  enter date).  He failed
to file he 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.

5.  The evidence of record does show that based on his service and campaign
participation in the RVN, the applicant is entitled to the MUC, RVN
Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with
his VSM.  The omission of these awards from his record and separation
document is an administrative matter that does not require Board action to
correct.  Therefore, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__HOF __  ___WFC_  __DED__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Combat Infantryman Badge or Combat Medical Badge.  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 there are administrative errors in the
records of the individual that should be corrected.  Therefore, the Board
requests that the CMSD-St. Louis administratively correct the records of
the individual concerned to show his entitlement to the Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation
and 2 bronze service stars with his Vietnam Service Medal; and by providing
him a corrected separation document that includes these changes.




                                  _____Hubert O. Fry_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010106                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/08/01                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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