IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080008007
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 (CMB).
2. The applicant states, in effect, that he spent time in the "bush" as a field combat medic and did not receive the CMB. He provides a lengthy statement detailing his combat experiences in the Republic of Vietnam (RVN). He contends that his official record is incorrect because it shows that he performed duties as an ambulance driver.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a self-authored statement.
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 7 June 1961, the applicant enlisted in the Regular Army for a period of
3 years. He was trained in, awarded, and served in military occupational specialty (MOS) 91B (Medical Specialist). On 20 February 1963, he was discharged for the purpose of immediate reenlistment. On 21 February 1963, he reenlisted for a period of 6 years. He attained the rank and grade of specialist five/E-5. On 20 February 1969, the applicant was honorably discharged upon expiration of his term of service. He completed 7 years, 8 months, and 13 days of active Federal Service.
3. The applicant served in the RVN from 20 March 22 June 1967, for a period of 3 months and 2 days. His DA Form 20 (Enlisted Qualification Record) shows that he performed duties as an ambulance driver with Headquarters and Headquarters Company, 1st Battalion, 22nd Infantry. His DA Form 20 does not show award of the CMB.
4. The applicant's DD Form 214 does not show award of the CMB. There are no orders in the applicant's record showing that he was awarded the CMB.
5. During the processing of this case, a member of 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 CMB orders on file for the applicant.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CMB 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 served in the Regular Army from 20 March 22 June 1967. He was trained in MOS 91B. There is no evidence in the applicant's official file to show he was recommended for or awarded the CMB. A review of the ADCARS failed to reveal any CMB orders on file for the applicant.
2. In order to be awarded the CMB, the applicant must show he was assigned or attached to a medical unit of a company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat; that the infantry unit has been in contact with the enemy; and that he was personally present and under fire during such ground combat. The applicant has failed to show that he meets any of the criteria for award of the CMB. Although the applicant's contentions were carefully considered, without corroborating evidence in support of his contentions, there is insufficient evidence upon which to base award of the CMB.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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.
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