IN THE CASE OF:	

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080006155 


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 award of the Combat Medical Badge in lieu of the Combat Infantryman Badge and correction of his records to show two awards of the Purple Heart.

2.  The applicant states, in effect, that his records contain administrative errors.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 7 June 1968; and a copy of General Orders awarding him the Silver Star.

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's records show that he was inducted into the Army of the United States on 31 May 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Corpsman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 7 June 1968.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

3.  The applicant’s records further show he served in the Republic of Vietnam from 14 December 1966 to 10 December 1967.  He was assigned to Headquarters and Headquarters Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile).  

4.  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 Silver Star, the Bronze Star Medal, the Air Medal, the Purple Heart, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Combat Medical Badge or a second award of the Purple Heart.  

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 1038, dated 8 March 1967, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 6 March 1967.

6.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 7196, dated 2 December 1967, as amended by General Orders Number 7438, same headquarters, dated 17 December 1967, shows the applicant was awarded his second award of the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 25 September 1967.  

7.  The applicant was awarded the Silver Star for gallantry in action while engaged in military conflict with an armed hostile force on 6 March 1967.  General Orders Number 3094, Headquarters, 1st Cavalry Division (Airmobile), dated 10 June 1967, cited the following reason:

[Applicant] distinguished himself by exceptionally valorous actions on 6 March 1967, while serving as a medical aidman with Troop C, 1st Squadron, 9th Cavalry, during combat operations near Bong 
Son in the Republic of Vietnam.  When [Applicant’s] platoon became heavily engaged with a numerically superior enemy force and became pinned down, [Applicant] exposed himself to intense enemy fire in order to administer first aid to the wounded.  Although seriously wounded during the battle, [Applicant] continued to treat the wounded comrades and assist in their evacuation.  During the battle, [Applicant] killed two enemy soldiers while accomplishing the mission. He refused medical attention and evacuation from the battle area until all of his comrades had been removed.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the Combat Medical Badge under the authority of Special Orders Number 49, issued by Headquarters, 1st Cavalry Division, on 18 February 1967.  However, the applicant's records are void of these Special Orders. 

9.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any award of the Combat Medical Badge orders on file for the applicant. 

10.  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.

11.  Army Regulation 600-8-22 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. 

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the awards program in the Army theater of operations during the Vietnam conflict.  This regulation did not provide specific guidance for award of the Combat Medical Badge.  However, USARV Regulation 672-1 did provide detailed guidance on award of the Combat Infantryman Badge which is awarded to infantry personnel based essentially the same criteria for award of the Combat Medical Badge to medical aid personnel assigned to infantry units.  The regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments

13.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

14.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows the applicant received an “Excellent” efficiency and conduct rating during his military service.

15.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Squadron, 9th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974 and the Valorous Unit Award, based on Department of the Army General Orders Number 37, dated 1970.

17.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

18.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases II and III, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Combat Medical Badge, the evidence of record shows the applicant was awarded a medical MOS following completion of training.  Furthermore, he clearly was assigned to a unit that was in contact with the enemy and the applicant was personally present and under fire during such ground combat, and distinguished himself by exceptionally valorous actions on 6 March 1967, while serving as a medical aidman with Troop C, 1st Squadron, 9th Cavalry, during combat operations.

2.  The applicant’s DA Form 20 shows that he was awarded the Combat Medical Badge.  Although the applicant’s record is void of the Special Orders that awarded him the Combat Medical Badge, it appears that his chain of command recognized his exceptionally valorous actions on 6 March 1967 while serving as a medical aidman, and it also appears that his Combat Medical Badge was incorrectly entered on his DD Form 214 as a Combat Infantryman Badge.  Therefore, there appears to be sufficient evidence to grant the applicant the requested relief and award him the Combat Medical Badge in lieu of the erroneously awarded Combat Infantryman Badge.

3.  General Orders awarded the applicant two awards of the Purple Heart, one of which is not shown on his records; therefore he is entitled to correction of his records to show two awards of the Purple Heart.

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award, which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record confirms that the applicant served honorably during the period 31 May 1966 to 7 June 1968.  He was awarded the Silver Star and two awards of the Purple Heart.  Furthermore, he received “Excellent” efficiency and conduct ratings throughout his military career.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Combat Medical Badge for exceptionally valorous actions; 

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 31 May 1966 to 7 June 1968; 

	c.  deleting the entries "Purple Heart" and “Combat Infantryman Badge” from Item 24 of the applicant's DD Form 214; and

	d.  showing award of the Purple Heart (1st Oak Leaf Cluster), the Combat Medical Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      _________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)                                         AR20080006155



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ABCMR Record of Proceedings (cont)                                         AR20080006155



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