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ARMY | BCMR | CY2007 | 20070018536
Original file (20070018536.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  03 April 2008
	DOCKET NUMBER:  AR20070018536 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

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 mother of the deceased Former Service Member (FSM) requests that her son's records be corrected to show he was awarded the Combat Medical Badge.

2.  The applicant states, in effect, her son was a medic that received several bronze campaign stars and the Purple Heart with Oak Leaf Cluster.  He was one of a few medical personnel who accompanied the infantryman into combat in the Republic of Vietnam.

3.  The applicant provides a copy of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The FSM's military personnel record shows he enlisted in the Regular Army on 18 September 1967 for 3 years.  He completed the necessary training and was awarded the military occupational specialty (MOS) 91B (Medical Specialist). 

2.  Item 38 (Record of Assignments) of his DD Form 214 shows he served with the 23rd Administration Company, Replacement Detachment and Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry during the periods 10 March 1968 to 11 June 1968 and 18 July 1969 to 26 August 1969 in the Republic of Vietnam. 

3.  He was honorably discharged from the Regular Army on 2 July 1970 and placed on the retired list by reason of physical disability the following day.  He had completed 2 years, 9 months, and 15 days of Net Service This Period.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Vietnam Service Medal with  
two bronze campaign stars, Republic of Vietnam Campaign Medal with Device 1960, Expert Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the award of the Combat Medical Badge.

5.  A DD Form 215 (Correction to DD Form 214), dated 7 August 1980, shows the following entries were deleted:  the Vietnam Service Medal with two bronze campaign stars and the Expert Marksmanship Qualification Badge with Rifle Bar. The following entries were also added:  the Army Good Conduct Medal, Purple Heart, Meritorious Unit Emblem, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with automatic Rifle Bar, and the Bronze Star Medal with "V" Device. 

6.  A second DD Form 215, dated 17 October 2007, shows the entry "ADD:  Purple Heart with First Oak Leaf Cluster."

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her son's records should be corrected to show the award of the Combat Medical Badge.

2.  The FSM's military personnel record contains no evidence that he was assigned to an infantry unit.  In order for him to be eligible for the award, he would have had to have been 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.  Therefore, he is not entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__CD __  __LMD__  __JCR___   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. 




___Carmen Duncan  ___
      CHAIRPERSON

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