RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011146 


	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.



	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 that Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show "Combat Medical Badge” versus “Medical Badge.”

2.  The applicant states, in effect, that this award was incorrectly annotated on his DD Form 214.

3.  The applicant provides 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 16 September 1966, the date of his release from active duty.  The application submitted in this case is dated 17 May 2006, but received on
7 August 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.  On 3 October 1963, the applicant enlisted in the Regular Army for a period of three years.  He was trained in, awarded, and served in military occupational specialty (MOS) 91B (Medical Specialist).  

4.  The applicant served in the Republic of Vietnam from 12 May 1965 through 
12 September 1966.  He performed duties as a medical specialist and ambulance driver with Company B, 173rd Support Battalion (Airborne).

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was awarded the "Medical Badge" by Special Orders 169, Headquarters, 
173rd Airborne Brigade (Separate).  The award order was not available in the official record.
 
6.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows a unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

8.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the Vietnam Offensive, the Vietnam Counteroffensive, and the Vietnam Counteroffensive Phase II campaigns.   

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

10.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows a unit to which the applicant was assigned (Company B, 173rd Support Battalion) was cited for award of the Meritorious Unit Commendation for the period 5 May 1965 -4 May 1967, by Department of the Army General Orders Number 48, dated 1968.

11.  The applicant's records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Good Conduct Medal.

12.  Army Regulation 672-5-1, in effect at the time, provides that the Army 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.


13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant performed duties as a medical specialist in the Republic of Vietnam from 12 May 1965 through 12 September 1966 with the 173rd Support Battalion (Airborne).  His DA Form 20 shows he was awarded the "Medical Badge" by HQ, 173rd Support Battalion (Separate) by Special Orders.  Although his record does not specifically state he was awarded the "Combat Medical Badge," given that this he was awarded this badge during his tenure in the Republic of Vietnam, the Board determined there is sufficient evidence to support that the applicant was awarded the "Combat Medical Badge."  Therefore, he is entitled to have his record changed to show this award. 

2.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross With Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

3.  Evidence of record shows that the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed on his Vietnam Service Medal. 

4.  General Orders awarded the applicant's unit the Meritorious Unit Commendation for the period 5 May 1965 – 4 May 1967.  Therefore, he is entitled to have his record corrected to show this award.

5.  The applicant completed a qualifying period of service for the first award of the Good Conduct Medal.  There is no evidence in the available records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal for the period 3 October 1963 through 16 September 1966 and to correction of his records to show the award of the Good Conduct Medal (First Award).


6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 September 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
15 September 1969.  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:

__tmr___  __jcr___  __jrh___  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.  deleting "Medical Badge" and adding "Combat Medical Badge;"

b.  awarding the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

	c.  awarding the Meritorious Unit Commendation; 

	d.  awarding three bronze service stars for wear on his Vietnam Service Medal; and

	e.  awarding the Good Conduct Medal (First Award) for the qualifying period of service from 3 October 1963 through 16 September 1966. 


					Thomas M. Ray
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011146
SUFFIX

RECON

DATE BOARDED
20070301
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0113
2.
107.0094
3.
107.0034
4.
107.0056
5.

6.