IN THE CASE OF:	  

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080010460 


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 the Combat Medical Badge (CMB) and Army Commendation Medal (ARCOM) be added to the list of awards on his separation document (DD Form 214).  

2.  The applicant states, in effect, that the CMB and ARCOM he was awarded are not included in the list of awards contained on his DD Form 214.  

3.  The applicant provides an ARCOM presentation letter, CMB orders and his DD Form 214 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 record shows he was inducted into the Army and entered active duty on 25 October 1966, and was trained in and awarded military occupational specialty (MOS) 05B (Radio Operator).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 23 November 1967 through 17 October 1968.  Item 22 (Military Occupational Specialties (MOS)) shows he was awarded MOS 05B on 24 March 1967, and no other MOS during his active duty tenure.  

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour, he was assigned to Company B, 9th Medical Battalion, 
9th Infantry Division, performing duties in MOS 05B as a radio operator.  Item 38 contains no entries indicating the applicant ever performed duties in MOS 91B and/or as a medical corpsman.  It also shows he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) does not include the CMB.  

5.  The applicant's record contains Headquarters, 9th Infantry Division General Orders Number 9859, dated 14 October 1968, which awarded him the ARCOM for meritorious service during the period January through October 1968.  The record is void of orders awarding the applicant the CMB.  His record is also void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

6.  On 17 October 1968, the applicant was honorably separated, in the rank of specialist four (SP4), after completing 1 year, 11 months, and 23 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the Vietnam Service Medal and RVN Campaign Medal.  

7.  The applicant provides Headquarters, 9th Infantry Division Special Orders Number 309, dated 4 November 1968, which awarded several Soldiers of the 
9th Medical Battalion, including the applicant, the CMB.  The standard name line pertaining to the applicant on these orders erroneously lists his MOS as 91B.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-10 contains guidance on award of the National Defense Service Medal (NDSM).  It states, in pertinent part, that it is authorized for any period of active duty service performed between 1 January 1961 and 14 August 1974, both dates inclusive. 


9.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns. 

10.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

11.  Chapter 8 of the awards regulation contains guidance on the award of Combat and Special Skill Badges.  Paragraph 8-7 contains guidance on award of the CMB.  It states, in pertinent part, that in order to be awarded the CMB, the member must be a member of the Army Medical Department (Colonels and below), for enlisted personnel this means holding and serving in a medical MOS, while assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941. Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy. 

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (9th Medical Battalion) received the Meritorious Unit Commendation (MUC), RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the ARCOM should be added to the list of awards contained on his DD Form 214 was carefully considered and found to have merit.  His record contains orders that awarded him the ARCOM for meritorious service during the period January through October 1968.  As a result, it would be appropriate to add this award to his record and DD Form 214.  
2.  The applicant's record confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM, for his qualifying period of honorable active duty service from 25 October 1966 through 17 October 1968.  

3.  The evidence of record also confirms that based on his active duty service and service and campaign participation in the RVN, he is also entitled to the NDSM, MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his VSM.  As a result, it would also be appropriate to add these awards to his record and separation document.   

4.  The applicant's contention that the CMB should be added to the list of awards contained on his DD Form 214 has also been carefully considered.  However, although the applicant provides CMB award orders, there is no evidence of record indicating he ever held or served in a medical MOS in a qualifying infantry or medical unit of brigade, regimental or smaller size, while serving in the RVN.  His record confirms he was assigned and performed duties in MOS 05B as a radio operator, which was the only MOS he was ever awarded and held while serving on active duty.  Further, the CMB award orders provided by the applicant erroneously list his MOS as 91B.  As a result, given it appears the orders provided were in error, and absent any evidence of record confirming his eligibility for the CMB, there is an insufficient evidentiary basis to support adding the CMB to his record and separation document at this time.  

5.  The applicant and all others concerned should know that the action related to the CMB 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 

___x____  ____x___  ___x____  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.  awarding him the Army Good Conduct Medal, for his qualifying honorable active duty service from 25 October 1966 through 17 October 1968; 

	b.  amending Item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, 
Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation"; and 

	c.  providing him a correction to his separation document that includes these changes.  

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 adding the Combat Medical Badge to his record and separation document.  




      _______ _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)                                         AR20080010460



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010460


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1