RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2007
      DOCKET NUMBER:  AR20060012316


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 award of the Combat Medical Badge.

2.  The applicant states he served for the better part of four months in a
combat unit as a field medic.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 August 1971.  The application submitted in this case is
dated      22 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 was inducted into the Army on 7 August 1969.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 91A (Medical Corpsman).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
arrived in Vietnam and was assigned to Company D, 1st Battalion, 5th
Infantry, 25th Infantry Division on 7 February 1970 where he performed
duties as a medical aidman.  He was apparently transferred to Company A,
1st Battalion, 5th Infantry, 25th Infantry Division on an unknown date.

5.  Headquarters, 24th Evacuation Hospital General Orders Number 108, dated
10 May 1970, show the applicant was awarded the Purple Heart along with
nine other members of Company A, 1st Battalion, 5th Infantry, 25th Infantry
Division for wounds received on 9 May 1970.

6.  The applicant was medically evacuated on or about 22 May 1970, after
being credited with participation in two campaigns, to Camp Zama, Japan.
He was assigned as a patient at Valley Forge General Hospital,
Phoenixville, PA on      26 June 1970.  He was assigned to Valley Forge
General Hospital on 6 August 1970 in a permanent party status.

7.  Orders show the applicant received nonjudicial punishment on 28 October
1970.  His punishment was a forfeiture of $25.00 pay for one month.  The
related Article 15 is not available.

8.  On 6 August 1971, the applicant was honorably released from active
duty, in pay grade E-4, after completing 2 years of creditable active
service with no lost time.  His DD Form 214 shows he was awarded the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with device 1960, the Purple Heart, and the Expert
Marksmanship Qualification Badge with Rifle bar.

9.  The applicant’s DA Form 20 shows he received “excellent” conduct and
efficiency ratings throughout his service.

10.  Army Regulation 600-8-22  (Military Awards) provides that the Combat
Medical Badge could be awarded to Medical Department personnel assigned or
attached to infantry units of brigade or smaller size who satisfactorily
perform medical duties while the unit is engaged in actual ground combat,
provided they are personally present and under fire.  The award was
established to recognize medical aidmen who shared the same hazards and
hardships of ground combat on a daily basis with the infantry Soldier.

11.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal including the Vietnam Service Medal.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated 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.  However, there was no right or
entitlement to the medal until the immediate commander made a positive
recommendation for its award and until the awarding authority announced the
award in General Orders.
13.  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 that, at the time of the
applicant's assignment to the 1st Battalion, 5th Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 30 September 1968 through 30 September 1970 by Department of
the Army General Orders Number 5 dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as a medical aidman
while assigned to an infantry company in Vietnam.  He was wounded in action
on a date that nine other members of his unit were also wounded.
Therefore, the reasonable presumption is that he met the eligibility
criteria for award of the Combat Medical Badge by satisfactorily performing
medical duties while the unit was engaged in actual ground combat and was
personally present and under fire.

2.  The applicant appears to have met the eligibility criteria for award of
the Army Good Conduct Medal.  He served on active duty for 2 years with no
time lost and received “excellent” conduct and efficiency ratings
throughout his service.  Although there is evidence to show he received
nonjudicial punishment during this period, the punishment for the unknown
offense he committed was only a forfeiture of $25.00 pay for one month.
Presumably the offense was minor.  Therefore, it would be appropriate to
award him the first award of the Army Good Conduct Medal.

3.  The applicant received campaign participation credit for two campaigns
and is therefore eligible to wear two bronze service stars on his Vietnam
Service Medal.

4.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  This unit award should also be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 August 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           5 August 1974.  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:

__lds___  __jtm___  __rsv___  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.  awarding him the first award of the Army Good Conduct Medal for
the period 7 August 1969 through 6 August 1971 and awarding him the Combat
Medical Badge; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the
Combat Medical Badge, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and two bronze service stars to be worn on his already-
awarded Vietnam Service Medal.




                            __Linda D. Simmons___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012316                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0013                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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