IN THE CASE OF:
BOARD DATE: 9 October 2008
DOCKET NUMBER: AR20080012816
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Medical Badge.
2. The applicant states that he was attached with the 65th Engineer Battalion and saw action in the Republic of Vietnam and Cambodia.
3. The applicant provides no supporting documentation.
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 12 March 1969, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. On 8 March 1970, the applicant was assigned for duty as a medical aidman with the 65th Engineer Battalion, in the Republic of Vietnam. He returned to the United States on 6 November 1970.
4. On 11 November 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation. He had attained the rank of specialist five (SP5), pay grade E-5 and had completed 1 year and 8 months of creditable active duty.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the [Republic of] Vietnam Campaign Medal. It does not show award of the Combat Medical Badge.
6. Army Regulation 600-8-22 (Military Awards) 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.
7. Army Regulation 600-8-22 (Military Awards) states special provisions for award of the Combat Medical Badge during the Vietnam conflict. These provisions permitted award of the Combat Medical Badge to Soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat. The special provisions required that the Soldier must have been personally present and under hostile fire while assigned as specified.
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows that the applicant was a medical specialist and served in a combat theater. However, he was not assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. Therefore, his request for award of the Combat Medical Badge should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ____X___ 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) AR20070016793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080012816
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080010793
The applicant essentially states that Army Regulation 600-8-22 (Military Awards) provides that enlisted men serving in military occupational specialty (MOS) 11B (Light Weapons Infantryman) who served in ground combat while assigned or attached to an infantry unit are entitled to award of the Combat Infantryman Badge. In the previous ABCMR proceedings, the applicant's request for award of the Combat Infantryman Badge was denied because although he possessed an infantry MOS and was wounded in...
ARMY | BCMR | CY2007 | 20070017541
The applicants military records do not show that he was awarded the Combat Infantryman Badge. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not in question, there is no evidence in the applicants records, and the applicant failed to provide any evidence which shows that he was wounded in action, that he was treated by military medical personnel at the time for wounds received in action, and that this medical treatment was made a matter of...
ARMY | BCMR | CY2011 | 20110011600
Army Regulation 600-8-22 (Military Awards) states 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. The evidence of record shows the applicant was awarded a medical personnel MOS and he served as a Medical Specialist with the 93rd Engineer Battalion in Vietnam. ...
ARMY | BCMR | CY2011 | 20110006655
Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 does not list the AFEM and CIB. However, there is no evidence of record and he has provided insufficient evidence to show he served in Taiwan. Even if he served in Taiwan, the DA Form 2-1 was prepared and maintained for active Army personnel during their active service.
ARMY | BCMR | CY2002 | 2002074319C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his records be corrected to show that he was awarded the Combat Medical Badge and the Army Commendation Medal. A 16 March 1990 DA Form 1577 (Authorization for Issuance of Awards) prepared by the Army Reserve Personnel Center lists his authorized awards as the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the...
ARMY | BCMR | CY2012 | 20120000300
The applicant requests award of the Combat Medical Badge (CMB). Army Regulation 600-8-22 (Military Awards) states 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. These provisions permitted award of the CMB to Soldiers assigned to a Vietnamese unit engaged in actual ground combat...
ARMY | BCMR | CY2014 | 20140020835
Application for correction of military records (with supporting documents provided, if any). The applicant's 13 January 1971 DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge, and two Overseas Service Bars. A wound qualifying for a Purple Heart must have required treatment by a military medical officer or other medical professional and that treatment must...
ARMY | BCMR | CY2013 | 20130020149
The applicant requests award of the Combat Medical Badge (CMB). However, there is no evidence and the applicant did not submit any evidence to show he was 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 engaged in active ground combat. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2007 | 20070017540
Specifically, counsel presents the following arguments: a. the Board erred in denying the applicant his CMB based on a determination that he was not assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regiment, or smaller size and that the word or is a mutually exclusive criterion that does not require the unit of attachment or assignment to be organic to an infantry unit; b. the medical officers statement and evidence that...
ARMY | BCMR | CY2008 | 20080016393
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 1971 DD Form 214 shows award of one Army Commendation Medal, the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)), and qualification as a marksman with the rifle bar. The evidence does, however, confirm the applicant was awarded two Army Commendation Medals...