IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080006081
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the already-awarded Combat Medical Badge be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.
2. The applicant states, in effect, that in December 1967 he was awarded the Combat Medical Badge by his battalion commander for performance during a fire fight. He believes the record to be in error because he never received the award of the Combat Medical badge.
3. The applicant provided no additional documentary evidence 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 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. The applicant's records show he was inducted into the Army of the United States on 16 March 1966. He completed basic combat training at Fort Benning, Georgia, and his advanced individual training at Fort Sam Houston, Texas. After completing all required training, he was awarded the military occupational specialty (MOS), 91A (Medical Corpsman).
3. The applicant served in Vietnam from 30 June 1967 through 3 March 1968, with Headquarters and Headquarters Battery, 2d Battalion, 32d Artillery. The applicant held and performed duties related to the MOS, 91B (Medical Specialist) and specifically had the duty title, "Battery Aidman."
4. The applicant was honorably released from active duty, on 6 March 1968, under the provisions of Army Regulation (AR) 635-200, as an early release of overseas returnee. He was separated in the rank and pay grade of Specialist Five, E-5. On the date he was released from active duty, he had completed 1 year, 11 months, and 21 days active military service, with no time lost.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded: the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle). The Combat Medical Badge is not shown on the applicant's DD Form 214.
6. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Combat Medical Badge and there are no orders in the applicant's military personnel records awarding him the Combat Medical Badge.
7. AR 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 alleges to have been awarded the Combat Medical Badge by his battalion commander while he served in Vietnam; however, he also states that he never received this award.
2. To be entitled to award of the Combat Medical Badge, the evidence was required to have been assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat. Battle participation credit was not sufficient. The infantry unit to which the Soldier was assigned must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.
3. The available evidence shows that the applicant was assigned to a field artillery battery and he performed the duties of a battery aidman. There is no evidence, and the applicant provided none to show, he was ever assigned or attached to an infantry unit while he served in Vietnam.
4. In addition, the applicant did not receive any awards for valor or achievement while he served in Vietnam that would give an indication he was exposed to combat against the enemy.
5. Based on the available evidence, the applicant is not entitled to award of the Combat Medical Badge and to have it added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ___x____ 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.
_________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080006081
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ABCMR Record of Proceedings (cont) AR20080006081
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