IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080009592 


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 two separate DD Forms 149 (Application for Correction of Military Record), dated 7 May and 21 June 2008, respectively, in effect, that he be awarded a second Good Conduct Medal and a Combat Medical Badge.

2.  The applicant states, in effect, he didn't receive a second Good Conduct Medal and asks, "How can somebody be on active duty for almost 8 years, promoted to Staff Sergeant in less than five years" and not receive a second Good Conduct Medal?

3.  The applicant adds, in effect, in a follow-up DD Form 149, that he was not awarded a Combat Medical Badge because of his MOS (military occupational specialty) 76J40 (Medical Supply).

4.  The applicant states that in 1968, he was assigned to the 11th Infantry Brigade which was part if the Americal Division.  Some time between February to April they were receiving mortar attacks in an area called Dak To.  His company was a field hospital and everybody who had a medical corps MOS was awarded a Combat Medical Badge.  The remainder, which included cooks, the morning report clerk, the executive officer, the general supply clerk and he did not receive anything.  He states, in effect, that just because he didn't have a medical corps MOS, he and the rest of the men didn't feel that it was fair.

5.  In support of his application, the applicant submits a copy of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge; a copy of a reply he apparently made to the Department of Veterans Affairs on 13 September 2006 to correspondence from that agency; a self-authored, hand-written addendum to his DD Form 149, dated 7 May 2008; and a copy of a DD Form 215, Correction to DD Form 214.

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 on 12 January 1961.  He completed basic combat training and his advanced individual training and was awarded military occupational specialty (MOS) 768 (General Supply Specialist).  The applicant was later reclassified to MOS 767 (Medical Supply Specialist).  The MOS was converted to 76J, the MOS he held on his discharge date.

3.  The applicant served in Vietnam from 6 December 1967 through 5 December 1968, with Company B, 6th Support Battalion, 11th Infantry Brigade.

4.  The applicant was honorably discharged for hardship reasons, on 11 June 1968, under the provisions of Army Regulation (AR) 635-200.  He was separated in the rank and pay grade of Staff Sergeant, E-6.  On the date of his discharge, he had completed 7 years and 5 months of total active military service.

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 Good Conduct Medal (1st Award), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the National Defense 

Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle).  Neither a second Good Conduct Medal nor the Combat Medical Badge is shown on his DD Form 214.

6.  Item 38 (Record of Assignments), of the applicant's DA Form 20, Enlisted Qualification Record, shows a consolidated entry to indicate he served on active duty from 12 January 1961 through 11 January 1964.  Because the entries that existed prior to the consolidation of entries on an earlier DA Form 20 have been reduced to a single, one line entry, conduct and efficiency rating are not available to be reviewed to determine if the applicant would have qualified for award of the Good Conduct Medal for that period of service.  It appears that he was disqualified for award of the Good Conduct Medal for the period 12 January 1961 through 11 January 1964 since he was not awarded a Good Conduct Medal for that period.

7.  Item 41 (Awards and Decorations), of the applicant's DA Form 20, shows he was awarded the Good Conduct Medal for the period 12 January 1964 through 11 January 1967, by General Orders 48, published by the 11th Infantry Brigade on 19 September 1967.

8.  There is no entry in Item 41, of the applicant's DA Form 20, to show that the applicant was awarded a second Good Conduct Medal or the Combat Medical Badge.

9.  There are no orders in the applicant's military personnel records awarding him a second Good Conduct Medal or the Combat Medical Badge.  A copy of these orders is not on file in the applicant's service personnel records.  A copy of these orders was also not located in the Awards and Decorations Computer-assisted Retrieval System (ADCARS).

10.  The applicant held and performed the duties related to the medical logistics MOS, 76J, while he served in Vietnam.  He specifically held the duty titles of Medical Supply Specialist and Medical Supply Sergeant.

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 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.

12.  Army Regulation 600-8-22 provides 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.

13.  In the copy of the reply the applicant apparently made to the Department of Veterans Affairs on 13 September 2006 to correspondence he received from that agency, which he included with his request to this Board, he is apparently disputing a decision made by that agency about a claim he submitted for veterans' benefits or compensation.  The correspondence from that agency to him was not provided with his application for review as he indicated it was.  It appears the correspondence and the reply have no bearing on the applicant's eligibility for award of the Combat Medical Badge or a second award of the Good Conduct Medal.  Because decisions made by this Board have no force or effect upon decisions made by Department of Veterans Affairs, this issue will not be discussed further in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Combat Medical Badge, a Soldier must have held a medical MOS, he must 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, and he must have personally served in active ground combat.

2.  The evidence shows the applicant was a Medical Supply Specialist who held the MOS 76J.  He was assigned to a medical unit under the operational control of a brigade-sized infantry unit; however, there is no evidence he was personally present and came under fire in ground combat while he was assigned or attached to this unit.

3.  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.

4.  The evidence of record shows that although the applicant served on active duty for the period 12 January 1961 through 11 January 1964, he apparently did not qualify for and was not awarded the Good Conduct Medal for this period.  The applicant's conduct and efficiency rating for this period are not available for the Board's review.

5.  The evidence does show the applicant received a Good Conduct Medal [his first award] for the period 12 January 1964 through 11 January 1967.  Because the period for award of a second Good Conduct Medal is three years, the applicant would not have been eligible for award of a second Good Conduct Medal until 11 January 1970.  Since the applicant was given a hardship discharge on 11 June 1968 and he did not meet the time criteria for a second award of the Good Conduct Medal, he is not eligible for a second Good Conduct Medal and to have it added to his DD Form 214.

BOARD VOTE:

___x____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20080009592



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ABCMR Record of Proceedings (cont)                                         AR20080009592



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