IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080008924 


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 he be awarded the Combat Medical Badge, and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the "V" Device to his already awarded Bronze Star Medal. 

2.  The applicant essentially states that he never received the Combat Medical Badge, but feels that he should have been awarded it for his service in Vietnam.  He also states, in effect, that his orders which awarded him the Bronze Star Medal with "V" Device are submitted as evidence for both of his issues.  He further states that he takes great pride in his service, and wants it to be documented for future generations.

3.  The applicant provides his DD Form 214 and orders, dated 1 January 1970, which awarded him the Bronze Star Medal with "V" Device in support of this 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 military records show that he was inducted into the Army of the United States on 11 April 1968.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman), and was later awarded MOS 91B (Medical Specialist).  After serving his initial permanent duty assignment at Sandia Base, New Mexico, he departed for the Republic of Vietnam on 20 September 1969, and was assigned to the 2nd Battalion, 12th Artillery Regiment.  He was awarded the Bronze Star Medal with "V" Device for heroism on 4 November 1999 when elements of an infantry unit protecting the fire support base he was at came under heavy attack, and he repeatedly exposed himself to enemy fire as he proceeded to give aid and help evacuate the wounded.  He returned to the continental United States on or about 21 March 1970, and was honorably released from active duty on 22 March 1970. The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

3.  The applicant requested that he be awarded the Combat Medical Badge.  
His military records show that he possessed a medical MOS throughout his service in Vietnam; however, he was assigned to an artillery battalion throughout his service in Vietnam.  There is also no evidence which shows that he was assigned to an infantry unit of brigade, regimental or smaller size at a time when it was engaged in active combat.  The fact that the applicant was awarded the Bronze Star Medal with "V" Device when elements of an infantry unit protecting the fire support base he was at came under heavy attack, and he repeatedly exposed himself to enemy fire as he proceeded give aid and help evacuate the wounded was noted, and will be discussed later in these proceedings.  

4.  The applicant's DD Form 214 shows that he was awarded the Bronze Star Medal.  However, he was actually awarded the Bronze Star Medal with "V" Device by Headquarters, II Field Force Vietnam Artillery General Orders Number 4, dated 1 January 1970.

5.  The applicant essentially stated that he never received the Combat Medical Badge, but feels that he should have been awarded it for his service in Vietnam.  He also stated, in effect, that his orders which awarded him the Bronze Star Medal with "V" Device are submitted as evidence for both of his issues.  He further stated that he takes great pride in his service, and wants it to be documented for future generations.

6.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.  

7.  The applicant served 1 year, 11 months, and 12 days of continuous enlisted active duty service from 11 April 1968 to 22 March 1970.  However, his military records do not show that he was awarded the Good Conduct Medal.  All of his conduct and efficiency ratings were "excellent" throughout this timeframe, and there is no derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to the 2nd Battalion, 12th Artillery Regiment, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.  

9.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tour in Vietnam, the applicant was credited with participating in the Vietnam Summer-Fall 1969 campaign and the Vietnam Winter-Spring 1970 campaign.

10.  The applicant's DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar by Headquarters, United States Army Training Center (Infantry) and Fort Lewis (Provisional), Fort Lewis, Washington Special Orders Number 147, dated 27 May 1968.

11.  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 (emphasis added) of brigade, regimental or smaller size which is engaged in active ground combat.  Battle campaign 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.  Originally established as the Medical Badge, the Combat Medical Badge was created by the War Department on 1 March 1945.  It could be awarded to officers, warrant officers, and enlisted Soldiers of the Medical Department assigned or attached to the medical detachment of infantry regiments, infantry battalions, and elements thereof designated as infantry in tables of organization or tables of organization and equipment.  Its evolution stemmed from a requirement to recognize medical aid-men who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier.  The Combat Medical Badge was created as a "companion" badge to the Combat Infantryman Badge, with criteria for award of the Combat Medical Badge intended to parallel that of the Combat Infantryman Badge. It was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares with the experiences unique to the infantry in combat. There was never any intention to award the Combat Medical Badge to all medical personnel who serve in a combat zone or imminent danger area.

12.  Army Regulation 600-8-22 also provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Medical Badge, and that his DD Form 214 should be corrected to add the "V" Device to his already awarded Bronze Star Medal. 

2.  While the applicant possessed and served in a medical MOS during his tour in Vietnam, he did so while assigned to an artillery battalion, not an infantry battalion.  The fact that the applicant was awarded the Bronze Star Medal with "V" Device when elements of an infantry unit protecting the fire support base he was at came under heavy attack, and he repeatedly exposed himself to enemy fire as he proceeded to give aid and help evacuate the wounded was noted.  However, the applicant's heroic acts on 4 November 1969 were appropriately recognized by his award of the Bronze Star Medal with "V" Device.  Additionally, the Combat Medical Badge is only awarded to those medical personnel who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier.  As the applicant was assigned to an artillery battalion and stationed on a fire support base, it is clear that he did not meet the regulatory requirements for award of the Combat Medical Badge.  In view of the foregoing, there is no basis for awarding the Combat Medical Badge to the applicant in this case.

3.  General orders awarded the applicant the Bronze Star Medal with "V" Device, but his DD Form 214 only shows that he was awarded the Bronze Star Medal.  Therefore, he is entitled to correction of his military records to show the award of the Bronze Star Medal with "V" Device instead of the Bronze Star Medal currently listed on his DD Form 214.

4.  The applicant served 1 year, 11 months, and 12 days of continuous enlisted active duty service from 11 April 1968 to 22 March 1970, and all of his conduct and efficiency ratings were "excellent" throughout this timeframe.  There is also no derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.  Therefore, it would be appropriate at this time to award him the Good Conduct Medal for the period 11 April 1968 to 22 March 1970, and to correct his military records to show the award of the Good Conduct Medal.

5.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 2nd Battalion, 12th Artillery Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

6.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

7.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  deleting the Bronze Star Medal from his DD Form 214 and adding the Bronze Star Medal with "V" Device;

	b.  awarding him the Good Conduct Medal for the period 11 April 1968 to 
22 March 1970 while serving as a specialist four;

	c.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	d.  showing award of two bronze service stars to be affixed to his already awarded Vietnam Service Medal; and

	e.  showing the award of the Expert Marksmanship Qualification Badge with Rifle Bar.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Combat Medical Badge.





3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.  




      ___        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)                                         AR20080008924



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ABCMR Record of Proceedings (cont)                                         AR20080008924



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