IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080007239 


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 Infantry Badge and the Combat Medical Badge.

2.  The applicant states that he should have received both awards while assigned to the 75th Ranger Regiment, from 27 April 1971 to 23 August 1971, in the Republic of Vietnam.  He also adds that he was involved in several contacts with the enemy while serving as a medic and infantry Ranger with Team 1-3 and that he provided medical treatment to team members as well as enemy prisoners of war (POWs).  The applicant also requests that the Board provide him a Team Roster of the teams he served with. 

3.  The applicant provides page 3 of his 4-page DA Form 20 (Enlisted Qualification Record) in support of his application.  

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 enlisted in the Regular Army for a period of 3 years on 13 November 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 6 July 1972.  The highest rank/grade he attained during his military service was private first class    (PFC)/E-3.

3.  The applicant’s records show he served in the Republic of Vietnam from 17 April 1971 to 18 January 1972.  He was assigned to Company C, (Rangers), 75th Infantry (Airborne) as a scout observer, from 27 April 1971 to 22 August 1971, and the 193rd Medical Detachment, as an Ambulance Orderly, from 23 August 1971 to 18 January 1972.  The available record contains no rosters, or lists of team members that would be appropriate to provide the applicant.  Therefore, this issue will not be further discussed in this record of proceedings.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Parachutist Badge.  Item 24 does not show award of the Combat Infantryman Badge or the Combat Medical Badge.  

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Combat Infantryman Badge or the Combat Medical Badge.  

6.  There are no general orders in the applicant's records that show he was awarded the Combat Infantryman Badge or the Combat Medical Badge.  

7.  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 Infantryman Badge or the Combat Medical Badge orders on file for the applicant.



8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge (CIB).  This regulation states that there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.  During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  

9.  Army Regulation 600-8-22 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.

10.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded a medical MOS following completion of training.  There is no evidence that shows he was ever awarded an infantry MOS or that he was engaged in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  As a result, the applicant does not meet the criteria for award of the Combat Infantryman Badge.

2.  The Combat Medical Badge may be awarded to medical personnel,  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.  There is no evidence that the applicant was assigned to a medical unit that was organic to an infantry unit that engaged the enemy or was engaged by the enemy in active ground combat.  As a result, he does not meet the criteria for award of the Combat Medical Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.



							XXX
 _   _______   ______________
       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)                                         AR20080007239



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ABCMR Record of Proceedings (cont)                                         AR20080007239



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