RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20070002932 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Rose M. Lys

Member

Mr. James R. Hastie

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, in effect, that he was trained as a combat medic at Fort Sam Houston, Texas, in 1968.  He further states that in November 1968, he was sent to the Republic of Vietnam and spent a year as a combat medic with the 199th Infantry Brigade and the 101st Airborne Division providing medical care to the troops in the jungle.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and a copy of his DA Form 2-1 (Personnel Qualification Record) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 June 1977, the date of his discharge.  The application submitted in this case is dated 16 February 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 records show that he was inducted in the Army of the United States on 11 June 1968.  He completed basic and advance individual training and was awarded the military occupational specialty (MOS) 91B (Medical Specialist).  The applicant was discharged and transferred to the U.S Army Reserve Group on 10 June 1970.  The applicant further reenlisted in the Army on 26 August 1970 and was discharged on 3 June 1977 for hardship.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualifications Record) shows he served in the Republic of Vietnam from 6 November 1968 to 5 November 1969.  During his Vietnam tour, the applicant was assigned to Headquarters and Headquarters Battery, 3rd Battalion, 7th 
Infantry, 199th Infantry Brigade as a Medical Corpsman from 17 November 1968 through 28 November 1968.  He was reassigned to Headquarters and Service 
Battery, 2nd Battalion, 40th Artillery, 199th Infantry Brigade, as a Medic, from 29 November 1968 through 24 March 1969.

6.  Item 38 of the DA Form 20 also shows the applicant was assigned to Headquarters and Headquarters Company, 3rd Battalion, 506th Infantry, 101st Airborne Division, as a Medical Corpsman, from 9 April 1969 through 2 November 1969.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Combat Medical Badge 

8.  Item 24 (Decorations Medals Badges Commendations Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the award of the Combat Medical Badge. 

9.  There are no orders in the applicant's available records which show the applicant was awarded the Combat Medical Badge.

10.  A review of the applicant's records does not reveal any documentation that shows he was engaged in actual ground combat while assigned to the infantry units.

11.  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.

12.  Review of the applicant's personnel records indicated that he is entitled to additional awards that are not shown on his DD Form 214. 

13.  Department of the Army General Order Number 51, dated 1971, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the 3rd Battalion, 7th Infantry, and to the 2nd battalion, 40th Artillery, in the Republic of Vietnam from 19 June 1968 through 31 July 1970. 


14.  Department of the Army General Order Number 51, dated 1971, authorized the award of the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation to all personnel assigned to the 3rd Battalion, 7th Infantry; the 2nd Battalion, 40th Artillery, and the 3rd Battalion, 506th Infantry, in the Republic of Vietnam 12 December 1966 through 31 August 1970. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Combat Medical Badge.

2.  There is evidence that the applicant held a qualifying MOS in an infantry unit; however, there is no evidence that the applicant engaged in active ground combat.  Therefore, the applicant does not meet the requirements for award of the Combat Medical Badge in this case 

3.  General Orders show that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore he is entitled to correction of his records to show this foreign unit award.

4.  General Orders show that the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation.  Therefore he is entitled to correction of his records to show this foreign unit award.

5.  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.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 June 1977; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 June 1980.  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

__JI____  _RML___  _JRH_ ___  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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation.




__John Infante____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.