RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070010728 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John N. Sloane

Chairperson

Ms. Marla J. N. Troup

Member

Mr. Thomas Ray

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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Combat Medical Badge, 2nd award.

2.  The applicant states, in effect, that due to his extended service in Vietnam (additional tour serving in combat) he should be awarded the Combat Medical Badge, 2nd award.  He believes that it was overlooked by clerks who processed him back from overseas duty in August 1970.  His DD Form 214 does not show the Combat Medical Badge, 2nd award, even though he served in a combat zone beyond normal tour and he extended his tour in Vietnam.  

3.  The applicant provides a copy of his DD Form 214 and a copy of his DD Form 215 (Correction to DD Form 214), dated 20 November 2006, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 10 January 1968.  He was trained as a medical specialist, in military occupational specialty (MOS), 91B.  He was promoted to pay grade E-4 on 6 August 1969. 

3.  The applicant served in Vietnam from 27 June 1969 to 12 August 1970, 1 year, 1 month, and 15 days.  He served until he was released from active duty on 12 August 1970.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He was honorably discharged on 10 March 1973.

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Parachutist Badge; the Purple Heart; the Combat Infantryman Badge; the Air Medal, the Army Commendation Medal; two Overseas Service Bars; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14).  His DD Form 214 does not show any additional awards.

5.  The applicant's records contain a copy of Headquarters, 173rd Airborne Brigade Special Orders Number 234, dated 22 August 1969, which awarded him the Combat Medical Badge.  This award is not shown on his DD Form 214.

6.  The applicant's records contain a copy of a DD Form 215, dated 21 May 1993, which deleted the Combat Infantryman Badge and awarded him the Combat Medical Badge and the Republic of Vietnam Campaign Medal with Device (1960).

7.  The applicant provided a copy of a DD Form 215, dated 20 November 2006, which shows he was awarded the Bronze Star Medal, with Bronze Oak Leaf Cluster, with "V" Device; the Vietnam Service Medal, with four bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.

8.  AR 600-8-22 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.  The same regulation states that second and subsequent awards of the Combat Medical Badge are indicated by superimposing 1 and 2 stars respectively, centered at the top of the badge between the points of the oak wreath.  To date, a separate award of the Combat Medical Badge has been authorized for qualified Soldiers in the following four conflicts: 

	(1) World War II; 

(2) Korean War; 


(3) Republic of Vietnam Conflict.  Service in the Republic of Vietnam conflict combined with qualifying service in Laos; Dominican Republic; Korea on the DMZ; El Salvador; Grenada; Joint Security Area, Panmunjom, Korea; Panama; Southwest Asia Conflict; and Somalia, regardless of whether a Soldier has served one or multiple tours in any or all of these areas.  The Republic of Vietnam Conflict Era officially terminated on 10 March 1995; and 

(4) War on Terrorism (Afghanistan, Operation Enduring Freedom) and (Iraq, Operation Iraqi Freedom).  Subsequent awards of the Combat Medical Badge is not authorized for the same qualifying period, as outlined above. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was awarded the Combat Medical Badge and his records were correct to show this award by issuance of a DD Form 215, dated 21 May 1993. 

2.  The applicant served in Vietnam from 27 June 1969 to 12 August 1970, which equated to 1 year, 1 month, and 15 days.  

3.  The applicant states that due to his extended service in Vietnam he should be awarded a second award of the Combat Medical Badge; however, the evidence shows that he served in one conflict, Vietnam, beyond his normal tour of 1 year, for an additional 1 month and 15 days.  Due to his extended service, the applicant assumed that he is entitled to a second award of the Combat Medical Badge.  

4.  In accordance with regulatory authority, subsequent awards of the Combat Medical Badge are not authorized for the same qualifying period.  There is no evidence, and the applicant has provided none, to show that he served in more than one conflict prior to his release from active duty.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JS____  ___MT___  ___TR__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




____John N. Sloane______
          CHAIRPERSON




INDEX

CASE ID
AR200700010728
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071218
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700812
DISCHARGE AUTHORITY
AR 635-200, chap 5
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.