RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 February 2008
	DOCKET NUMBER:  AR20070012036 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald D. Grant

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 correction of his records to show award of the Combat Medical Badge.

2.  The applicant states, in effect, that the above award is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with the period ending 7 May 1971.  He served with the 1st Battalion, 40th Field Artillery and the 2nd Battalion, 94th Field Artillery while assigned in Vietnam.

3.  The applicant provides his DD Form 214.

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 8 January 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 91C (Clinical Specialist). 

3.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Battery, 1st Battalion, 40th Field Artillery on or about 7 July 
1969 where he performed duties as a clinical specialist.  He was reassigned to Headquarters and Headquarters Battery, 2nd Battalion, 94th Field Artillery where he performed duties as a clinical specialist.

4.  The applicant departed Vietnam on or about 3 July 1970 after being credited with participating in three campaigns.  On 7 May 1971, he was honorably released from active duty after completing 3 years and 4 months of creditable active service with no time lost.  

5.  The applicant's DD Form 214 with the ending period of 7 May 1971 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, the Bronze Star Medal, the Marksman Marksmanship Qualification Badge (M-16), and the Expert Marksmanship Qualification Badge (M-16).

6.  There are no orders in the applicant's service personnel records awarding him the Combat Medical Badge.

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

8.  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.

9.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was assigned to the 1st Battalion, 40th Field Artillery and the 2nd Battalion, 94th Field Artillery while in Vietnam and his principal duties where clinical specialist.   However, the three criteria for award of the Combat Medical Badge are to perform medical duties, hold a medical specialty, and be assigned 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.  Records show that the applicant was assigned to two different Artillery Battalions which regrettably makes him ineligible for award of the Combat Medical Badge.

2.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in three campaigns makes him eligible for three bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards. 

3.  Evidence shows that the applicant's records contain administrative errors which do 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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KLW__  ___AU    _  ___RDG_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 for the period ending 
7 May 1971 of the individual concerned to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




____ Ronald D. Grant __
          CHAIRPERSON




INDEX

CASE ID
AR20070012036
SUFFIX

RECON

DATE BOARDED
5 FEBRUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
107.0113.0000
2.

3.

4.

5.

6.