RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060012275 


	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, in effect, award of the Expert Field Medical Badge (EFMB).

2.  The applicant states, in effect, that prior to his departure to the Republic of Vietnam (RVN), he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 508th Infantry, 82nd Airborne Division, Fort Bragg, North Carolina, for medical aidman field training.  He states that he successfully completed the required training and therefore, he is entitled to be awarded the EFMB.  He further states that he is now requesting that his Separation Document (DD Form 214) be corrected to include this award.  

3.  The applicant provides no additional 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 26 January 1972.  The application submitted in this case is dated 
21 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.  The applicant’s record shows that he enlisted into the Army and entered active duty on 20 January 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 91B (Medical Aidman), and the highest rank he attained while serving on active duty was specialist five (SP5).  

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 18 June 1970 through 7 June 1971.  Item 22 (Military Occupational Specialties) shows he was awarded primary MOS 91A (Medical Corpsman) on 20 November 1969, and that he was subsequently awarded MOS 91B (Medical Aidman) on 20 December 1970. 

5.   Item 27 (Military Education) of the applicant's DA Form 20 shows he completed the medical corpsman course at Fort Sam Houston, Texas, in 
1969.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he was assigned to Headquarters and Headquarters Company (HHC), 
2nd Battalion, 508th Infantry Regiment, 82nd Airborne Division, Fort Bragg, 
North Carolina, performing duties in MOS 91B as a medical aidman, from 
17 December 1969 through 2 June 1971, the date of his departure for the 
RVN.  It further shows that during his RVN tour, he was assigned to Headquarters and Headquarters Battery (HHB), 2nd Battalion, 19th Artillery Regiment, from 27 June 1970 through 26 March 1971; and to HHC, 
2nd Battalion, 503rd Infantry Regiment, from 27 March through 2 June 1971, performing duties in MOS 91B as a medical aidman.  

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Parachutist Badge, Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with 1960 Device; Army Commendation Medal (ARCOM); Bronze Star Medal (BSM), Soldier's Medal (SM); Army Good Conduct Medal (AGCM); and 2 Overseas Service Bars.  

8.  The applicant's record is void of any documents showing he successfully completed the required EFMB testing requirements prescribed by the United States Army Medical Department (AMEDD) and School.  Further, the applicant's record is void of any orders showing he was every awarded the EFMB by the proper authority while serving on active duty.  

9.  On 26 January 1972, the applicant was honorably separated after completing a total of 2 years, 7 months, and 8 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows that he earned the following awards:  AGCM; NDSM; ARCOM; BSM; Parachutist Badge; VSM; RVNCM; SM; Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar; and 2 Overseas Service Bars.  .


10.  On 13 February 2002, a Correction to DD Form 214 (DD Form 215) was issued to applicant.  This correction amended Item 24 by deleting the VSM and adding the VSM with 2 bronze service stars, Combat Medical Badge, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 8-10 contains guidance on the EFMB.  It states, in pertinent part, that to support its award, there must be evidence showing the member satisfactorily completed the proficiency tests prescribed by the United States Army Medical Department Center and School, and that the tests were conducted by an authorized commander in the rank of lieutenant Colonel or above.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the EFMB was carefully considered.  However, by regulation, to support award of the EFMB, there must be evidence that the member completed the proficiency tests prescribed by the AMEDD Center and School, and that the tests were conducted by an authorized commander in the grade of LTC or above.  In this case, the applicant's record contains no documentary evidence that confirms he satisfied the EFMB testing requirements, or that he was ever awarded the EFMB by proper authority while serving on active duty.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief.  

2.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 January 1972, the date of his separation. Therefore, the time for him to file a request for correction of any error or injustice expired on 25 January 1975.  He failed to 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

x___x  ____ x ___  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.



x____
          CHAIRPERSON




INDEX

CASE ID
AR20060012275
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/26
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1972/01/26
DISCHARGE AUTHORITY
AR635-200. . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2.

3.

4.

5.

6.