RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 January 2008
DOCKET NUMBER: AR20070012494
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 L. Engle
Analyst
The following members, a quorum, were present:
Mr. John Infante
Chairperson
Mr. Eric N. Andersen
Member
Mr. David K. Haasenritter
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Medical Badge.
2. The applicant states that he served in combat in the Republic of Vietnam and was awarded the Combat Medical Badge. He further states that his orders were lost. He does not know why there is no record of his orders.
3. The applicant provides a copy of Item 38 ( Record of Assignments), of his Enlisted Qualification Record (DA Form 20).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 16 January 1969, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 91B2O (Medical Specialist).
3. The DA Form 20, available in the applicants records, appears to be a remake of the original which is not available for review. As such, it provides a very limited amount of information which is mostly concerned with the events of his discharge. There is no available evidence of his MOS training or units of assignment.
4. Item 38, Record of Assignments, of the applicants DA Form 20, shows that he was assigned to the Republic of Vietnam for duty as a medic. However, it does not show the specific unit of assignment or clearly record the period of his service overseas.
5. The applicants Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was administratively discharged on
9 April 1971, under the provisions of Army Regulation 600-200, Chapter 10, for the good of the service. His service was characterized as under honorable conditions. He had completed 1 year, 1 month and 1 day of creditable active duty and had 379 days of lost time due to AWOL. His MOS at the time of his discharge was 57A1O (Duty Soldier).
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar. It does not list the Combat Medical Badge.
7. Army Regulation 600-8-22 (Military Awards) states special provisions for award of the Combat Medical Badge during the Vietnam conflict. These provisions permitted award of the Combat Medical Badge to Soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat. The special provisions required that the Soldier must have been personally present and under hostile fire while assigned as specified.
DISCUSSION AND CONCLUSIONS:
The available evidence does not show that the applicant was awarded a medical MOS or that he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. Therefore, his request for award of the Combat Medical Badge should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__DKH__ __JI_____ __ENA _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___ John Infante ____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20080131
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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