IN THE CASE OF:	  

		BOARD DATE:	        28 August 2008

		DOCKET NUMBER:  AR20080010391 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal, the Combat Infantryman Badge, the Combat Medical Badge, campaign ribbons, and service medals.   

2.  The applicant states, in effect, that these awards are missing from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; port call instructions; reassignment orders; and a DA Form 2166 (Enlisted Efficiency Report), dated  29 November 1968. 

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 enlisted on 14 April 1967 for a period of 3 years.  He was awarded military occupational specialty (MOS) 91A (medical specialist).  He arrived in Vietnam on 11 September 1967.  He served in MOS 91A assigned to the 584th Medical Company in Vietnam from 14 September 1967 through 27 July 1968.  He served in MOS 91A assigned to the 185th Medical Detachment in Vietnam from 28 July 1968 through 5 September 1968.  On 13 April 1970, the applicant was released from active duty.   

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bars as authorized awards.

4.  There are no orders for the Bronze Star Medal, the Combat Infantryman Badge, or the Combat Medical Badge in the available records.

5.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

6.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases during the Vietnam era that the Combat Infantryman Badge 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.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was awarded the Bronze Star Medal.  Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.  

2.  Evidence of record shows the applicant served as a medical specialist during his assignment in Vietnam.  There are no orders for the Combat Infantryman Badge and there is no evidence of record which shows the applicant served in an 

infantry MOS or in active ground combat while an assigned member of an 
infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  Evidence of record shows the applicant served in MOS 91A while assigned to a medical company and a medical detachment in Vietnam.  There are no orders for the Combat Medical Badge and there is no evidence of record showing that the applicant was personally present and under fire during ground combat while assigned to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Medical Badge in this case.

4.  Based on the applicant’s service in Vietnam from 11 September 1967 through 
5 September 1968 and participation in four campaigns, he is eligible for award of the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  __xx____  _xx_____  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 adding the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.


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 award of the Bronze Star Medal, the Combat Infantryman Badge, and the Combat Medical Badge.  




      _______ _ xxxx_____   ___
               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)                                         AR20080010391





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ABCMR Record of Proceedings (cont)                                         AR20080010391



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