RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 July 2007
      DOCKET NUMBER:  AR20070000960


      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 N. Slone                 |     |Chairperson          |
|     |Mr. David K. Hassenritter         |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 never received orders for the CMB.
He claims his first fire fight was on Thanksgiving day 1966, and the next
day his name along with the names of other medical corpsmen (MEDICs) were
submitted to the battalion for award of the CMB.  He claims he received
other awards, but he never received the CMB.

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 13 January 1970, the date of his separation.  The
application submitted in this case is dated 11 January 2007.

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 enlisted in the Regular Army and
entered active duty on 13 September 1965.  He was trained in and awarded
military occupational specialty (MOS) 91B (Medical Corpsman), and
specialist four (SP4) was the highest rank he attained while serving on
active duty.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 16 September 1966 through
14 September 1967.  Item 38 (Record of Assignments) shows that during his
RVN tour, he was assigned to Headquarters and Headquarters Company (HHC),
7th Cavalry Regiment, 1st Cavalry Division, performing duties in MOS 91B as
a medical specialist.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
earned the National Defense Service Medal (NDSM); Vietnam Service Medal
(VSM) with bronze service star; Army of Occupational Medal (AOM)-Berlin;
RVN Campaign Medal (RVNCM) with 1960 Device; Air Medal (AM); Valorous Unit
Award (VUA); Armed Forces Expeditionary Medal (AFEM)-Korea; and RVN
Gallantry Cross (RVNGC) with Palm Unit Citation; and 2 Overseas Bars during
his active duty tenure.  The CMB is not included in this list of awards and
the applicant last audited this record on 13 November 1969.

6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
documents or orders that indicate he was ever recommended for, or awarded
the CMB by proper authority while serving on active duty.

7.  The applicant's MPRJ does contain 1st Cavalry Division General Orders
Number 4818, dated 23 August 1967, which awarded the applicant the Bronze
Star Medal (BSM) for meritorious service in the RVN during the period
September 1966 through September 1967.

8.  On 13 January 1970, the applicant was honorably separated after
completing a total of 4 years and 25 days of creditable active military
service, and having accrued 106 days of time lost due to two periods of
being absent without leave (AWOL) and one period of confinement.

9.  The separation document (DD Form 214) the applicant was issued upon his
separation shows he earned the following awards during his active duty
tenure:  NDSM; VSM with 1 bronze service star; AOM-Berlin; RVNCM with 1960
Device; AM; VUA; AFEM-Korea; RVNGC with Palm Unit Citation; Marksman
Marksmanship Qualification Badge with Rifle Bar; and 2 Overseas Bars.  The
CMB was not included in the list of awards contained on the DD Form 214 and
the applicant authenticated this document with his signature in Item 32
(Signature of Person Being Transferred or Discharged) on the date of his
separation.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CMB was carefully
considered.  However, by regulation, in order to qualify for the CMB, a
member must not only be assigned to a qualifying unit, he must be
personally present and participate when the unit is engaged in actual
ground combat with enemy forces.  Although the record confirms his
assignment to a qualifying unit, there is no evidence confirming the
applicant's personal participation in ground combat with his qualifying
unit.

2.  The applicant's 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 in the RVN.  The CMB is not included in the list of awards
contained in Item 41 of his DA Form 20, which he last audited on 13
November 1969, more than 2 years after he served in the RVN.  In effect,
his audit was his verification that the information on the DA Form 20, to
include the list of awards contained in Item 41, was correct at that time.


3.  The CMB is also not included in the list of awards contained on the
applicant's
13 January 1970 DD Form 214, which he authenticated with is signature on
the date of his separation.  In effect, his signature was his verification
that the information contained on the DD Form 214, to include the list of
awards, was correct at the time the separation document was prepared and
issued.  Absent any evidence that the applicant was awarded the CMB by
proper authority while serving on active duty, or that confirms his
personal presence and participation with his qualifying unit while it was
actively engaged in ground combat with enemy forces, the regulatory burden
of proof necessary to support award of the CMB has not been satisfied in
this case.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration related to award of the CMB on 13 January
1970, the date of his separation.  Therefore, the time for him to file a
request for correction of any error or injustice expired on 12 January
1973.  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.

6.  The evidence of record does show the applicant was awarded the BSM
while serving on active duty; however, this award was not included in the
list of awards contained on his DD Form 214.  The omission of this award
from his 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 in paragraph 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JNS___  __DKH__  __LMD __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Combat Medical Badge.  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 by showing he earned the Bronze Star Medal; and by
providing him a correction to his DD Form 214 that includes this award.




                                  _____John N. Slone______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070000960                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/07/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/01/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Overseas Rtn                            |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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