RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 June 2007
      DOCKET NUMBER:  AR20060017278


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dean A. Camarella             |     |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, in effect, award of the Combat Medical Badge
(CMB).

2.  The applicant states, in effect, he served in combat as a medical
corpsman (MEDIC) with the 85th Evacuation Hospital in the Republic of
Vietnam (RVN).

3.  The applicant provides his separation document (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 5 August 1970, the date of his separation.  The
application submitted in this case is dated 4 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 he was inducted into the Army and entered
active duty on 5 December 1968.  He was trained in and awarded military
occupational specialty (MOS) 91B (Medical Specialist) and the highest rank
he attained while serving on active duty was specialist four (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 5 August 1969 through 5 August 1970.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
the 85th Evacuation Hospital, performing duties in MOS 91A as a litter
bearer.  Item 41 (Awards and Decorations) shows he earned the following
awards while serving on active duty:  National Defense Service Medal
(NDSM); RVN Campaign Medal (RVNCM) with 60 Device; Vietnam Service Medal
(VSM); and 2 Overseas Bars.  The CMB is not included in the list of awards
contained in Item 41.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate he was ever recommended for or
awarded the CMB by proper authority while serving on active duty.
6.  On 5 August 1970, the applicant was honorably separated after
completing
1 year, 8 months and 1 day of active military service.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) shows he earned the NDSM, RVNCM with 60 Device, VSM
and
2 Overseas Bars during his active duty tenure.  The CMB is not included in
the list of awards contained in Item 24 and the applicant authenticated the
DD Form 214 with his signature in Item 32 (Signature of Person Being
Transferred or Discharged) on the date of his separation.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each RVN campaign a member is credited with participating in.  Table B-
1 contains a list of RVN campaigns.  It shows that during his tenure of
assignment in the RVN, the applicant was credited with participating in the
Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary
Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

8.  Chapter 8 of the awards regulation contains the policy on award of
badges and tabs of United States origin.  Paragraph 8-7 contains the policy
and outlines the eligibility criteria for award of the CMB.  It states, in
pertinent part, that a CMB may be awarded to eligible medical personnel who
are assigned or attached by appropriate orders to an infantry unit of
brigade, regimental, or smaller size, or to a medical unit of company or
smaller size, organic to an infantry unit of brigade or smaller size,
during any period the infantry unit is engaged in actual ground combat,
provided they are personally present and under fire during such ground
combat.  Combat service alone does not provide a basis to award the CMB.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s units (85th Evacuation Hospital)
received the RVN Civil Actions Honor Medal First Class Unit Citation and
RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CMB based on his
combat service with the 85th Evacuation Hospital in the RVN was carefully
considered.  However, by regulation, in order to support award of the CMB,
there must be evidence confirming the individual concerned was assigned or
attached to an infantry unit of brigade, regimental, or smaller size, or to
a medical unit of company or smaller size, organic to an infantry unit of
brigade or smaller size, during any period the infantry unit is engaged in
actual ground combat, provided the member was personally present and under
fire during such ground combat.  Combat service alone does not provide a
basis to award the CMB.

2.  The evidence of record confirms the applicant was assigned to the 85th
Evacuation Hospital while serving in the RVN.  There is no indication that
he was ever assigned or attached to an infantry unit of brigade, regimental
or smaller size, or to a medical unit of company or smaller size, organic
to an infantry unit of brigade or smaller size during his RVN tour.
Therefore, given he was never assigned to qualifying unit, the regulatory
burden of proof necessary to support award of the CMB has not been
satisfied in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 August 1970, the date of his
separation.  Therefore, the time for him to file a request for correction
of any error or injustice expired on 4 August 1973.  He failed to file he
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.

4.  The evidence of record does show that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation and
4 bronze service stars with his VSM.  The omission of these awards from his
record and separation document is an administrative matter that does not
require Board action.  Therefore, the Case Management Support Division
(CMSD),
St. Louis, Missouri, will administratively correct his record as outlined
by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION
section below.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM  __  __WFC _  __DAC __  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 his entitlement to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation and 4 bronze service stars with his
Vietnam Service Medal; and by providing him a correction to his separation
document that includes these awards.




                                  _____John T. Meixell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017278                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/08/05                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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