RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 May 2007
      DOCKET NUMBER:  AR20060017104


      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      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Donald L. Lewy                |     |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 (CMB).

2.  The applicant states, in effect, that he is entitled the award of the
CMB for his service while in the Republic of Vietnam (RVN).  The applicant
continues that he served as a medic who flew into the “hot” zone to pick up
wounded Soldiers.

3.  The applicant provides a copy of 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 which
occurred on
5 June 1970.  The application submitted in this case is undated and was
received by this office on 13 December 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 Regular Army on
8 June 1967.  He completed basic combat training and advanced individual
training and was awarded the military occupational specialty (MOS) 91B
(Medical Specialist). The highest grade held was Staff Sergeant (SSG).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in
Item 31 (Foreign Service), that he served in the RVN from 3 December 1967
through
1 December 1968, and that during this tour he was assigned to 15th Medical
Battalion, 1st Cavalry Division, performing duties in MOS 91B, Medical
Specialist.

5.  Item 39 (Campaigns) of the applicant's DD Form 20 shows that he
participated in the following campaigns:  the Vietnam Counteroffensive,
Phase III, the TET Counteroffensive, the Vietnam Counteroffensive, Phase
IV, the Vietnam Counteroffensive, Phase V, and the Vietnam
Counteroffensive, Phase VI  campaigns.
6.  On 5 June 1970, the applicant was honorably separated after completing
a total of 2 years, 11 months, and 28 days of active military service.  The
DD Form 214 he was issued shows he earned the following awards during his
active duty tenure:  the Vietnam Service Medal (VSM), the RVN Campaign
Medal with “60” Device (RVNCM), the National Defense Service Medal (NDSM),
the Army Commendation Medal (ARCOM) with 1st oak leaf cluster, one Overseas
Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle
Bar (M-16).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show award of the CMB.

8.  There are no orders in the available records which show the applicant
was awarded the CMB.

9.  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.

10.   A  review  of  the  applicant’s  records  indicates   entitlement   to
additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 shows the unit to which the
applicant was assigned, the 15th Medical Battalion, was cited for award of
the Meritorious Unit Commendation for the period 1 June 1967 to 31 May 1968
by Department of the Army General Orders Number 28, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows the unit to which the
applicant was assigned, the 15th Medical Battalion, was cited for award of
the RVN Gallantry Cross with Palm Unit Citation for the period 9 August
1965 to
19 May 1969 by Department of the Army General Orders Number 59, dated 1969.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in five campaigns during his service in Vietnam.
 This document shows that the applicant participated in the Vietnam
Counteroffensive, Phase III, the TET Counteroffensive, the Vietnam
Counteroffensive, Phase IV, the Vietnam Counteroffensive, Phase V, and the
Vietnam Counteroffensive, Phase VI campaigns.  This same regulation states
that a bronze service star will be awarded for wear on the Vietnam Service
Medal for participation in each campaign and a silver service star will be
awarded for participation in five campaigns.

14.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in
Item 31 (Foreign Service), that he served in the Republic of Korea from 22
December 1963 through 23 December 1964 December 1968, and that during this
tour he was assigned to 2nd Missile Battalion, 71st Artillery Division,
performing duties in MOS 91A, Medical Corpsman.

15.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the CMB for
service during the Vietnam Conflict.

2.  There are no general orders that show the applicant was awarded the
CMB.

3.  Records show the applicant was assigned to a Medical unit.  However,
there is no evidence which shows he was personally present and under fire
while performing duties during the Vietnam Conflict.  Therefore, there is
insufficient evidence to grant the request for award of the CMB in this
case.

4.  Evidence shows that the applicant participated in five campaigns during
his service in Vietnam.  Therefore, he is entitled to correction of his
record to show award of one silver service star be affixed to his VSM.

5.  General Orders shows that the applicant's unit was awarded the RVN
Gallantry Cross with Palm Unit Citation, which is not shown on his
separation document.  Therefore, he is entitled to correction of his
records to show this award.

6.  Records show that the applicant was assigned to the Republic of Korea
during the period of 22 December 1963 through 23 December 1964 December
1968.  Therefore, he is entitled to award of the KDSM

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
4 June 1973.  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.

8.  The record confirms that applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation, the Meritorious Unit Commendation, the Korea
Defense Service Medal and one silver star affixed to his already awarded
VSM.  The omission of these awards from his records is an administrative
matter that does not require Board action.  As a result, the Case
Management Division (CMSD), St Louis, Missouri will be requested to make
the necessary corrections as outlined in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WFC__  ___DLL__  ___RSV _  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of one silver service star affixed to his already
awarded VSM, the RVN Gallantry Cross with Palm Unit Citation, the Korea
Defense Service Medal, and the Meritorious Unit Commendation.




                                           William F. Crain_____
                                            CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20060017104                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/31                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |MR. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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