RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060014079 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Patrick H. McGann, Jr.

Member

Ms. Karmin S. Jenkins

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 Armed Forces of the United States Report of Transfer or Discharge (DD form 214) to show award of the Combat Medical Badge for his service in the Republic of Vietnam.

2.  The applicant states that he was a 91B1O (Medical Specialist) and served as such in combat in the Republic of Vietnam.  He states that he was never awarded the Combat Medical Badge for this service. 

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 13 January 1969, the date of his release from active duty.  The application submitted in this case is dated 24 September 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 10 April 1966, the applicant enlisted in the Regular Army for 3 years.   He completed his initial training and was awarded military occupational specialty 91B1O (Medical Specialist).

4.  Special Orders Number 147, United States Army Training Center, Fort Bliss, Texas, dated 30 May 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  On 15 January 1968, the applicant was assigned for duty as a medical specialist with the 8th Battalion, 4th Artillery Regiment, in the Republic of Vietnam.  He was returned to the United States on 11 January 1969.


6.  On 13 January 1969, the applicant was released from active duty.  He attained the rank of specialist four, pay grade E4 and had completed 2 years, 
9 months and 4 days of creditable active duty.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.  It does not show award of the Combat Medical Badge. 

8.  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.

9.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the TET Counteroffensive, 1968, the Vietnam Counteroffensive, Phase IV, the Vietnam Counteroffensive, Phase V, and the Vietnam Counteroffensive, Phase VI. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 8th Battalion, 4th Artillery Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat.  There is no evidence that the applicant was personally present and under fire during such ground combat.  Therefore, there is no basis for award of the Combat Medical Badge in this case. 

2.  General Orders show that the applicant’s unit was awarded the Meritorious Unit Award.  Therefore, his records should be corrected to show this unit award.

3.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award.

4.  Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

5.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative 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.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 January 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
12 January 1972.  The 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_KLW ___  __PHM__  __KSJ __  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.

3.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show, in addition to the awards shown on his DD Form 214, his awards include the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar, and four bronze service stars to be affixed to his Vietnam Service medal.




__    Kenneth L. Wright_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014079
SUFFIX

RECON
 
DATE BOARDED
20070510 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0113
2.

3.

4.

5.

6.