IN THE CASE OF:	  

		BOARD DATE:	        6 November 2008

		DOCKET NUMBER:  AR20080013484 


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 records to show award of the Bronze Star Medal with "V" Device, award of the Army Commendation Medal (1st Oak Leaf Cluster) and "V" Device, and award of the Combat Medical Badge (CMB).

2.  The applicant states, in effect, that his valor awards were left off due to an administrative oversight and that he was awarded the CMB in the field but does not have a copy of the orders.

3.  The applicant provides a copy of Headquarters, 9th Infantry Division, General Orders Number 7432, showing awards of the Bronze Star Medal with "V" Device dated 25 August 1968 and General Orders Number 8597, showing award of the Army Commendation Medal with "V" Device, dated 17 September 1968 in support of his request.

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 was inducted into the Army of the United States on 11 November 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was honorably released from active duty on
14 November 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

3.  The applicant's records further show that he served in the Republic of Vietnam from 22 February 1968 to 2 November 1968.  He was assigned to Company B, 2nd Battalion, 39th Infantry, 9th Infantry Division.  

4.  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 National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Purple Heart, and the Army Commendation Medal (1st Oak Leaf Cluster).  Item 24 of this DD Form 214 does not show award of the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, or the Combat Medical Badge.

5.  Headquarters, 9th Infantry Division, General Orders Number 7432, dated 25 August 1968 show the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations involving conflict with an armed hostile force in the Republic of Vietnam.  The orders cited the following reason:

[Applicant] distinguished himself on 6 April 1968 while serving as a platoon medic with Company B, 2nd Battalion, 39th Infantry,
9th Infantry Division, on an airmobile assault mission near Highway 4. Observing two of his fellow Soldiers fall under heavy enemy fire, [Applicant], without regard for his own safety, raced to the two men and administered medical aid.



6.  Headquarters, 9th Infantry Division, General Orders Number 7738, dated 29 August 1968 show the applicant was awarded a second award of the Army Commendation Medal with "V" Device for heroism in connection with military operations involving conflict with an armed hostile force in the Republic of Vietnam.  The orders cited the following reason:

[Applicant] distinguished himself on 1 June 1968 while serving as a platoon medic with Company B, 2nd Battalion, 39th Infantry,
9th Infantry Division, on a reconnaissance in force mission in Lon An Province.  When his unit encountered heavy hostile automatic weapons fire, [Applicant] left his position and dashed through the enemy fire to carry a wounded comrade to safety.

7.  Headquarters, 9th Infantry Division, General Orders Number 8597, dated 17 September 1968 show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations involving conflict with an armed hostile force in the Republic of Vietnam.  The orders cited the following reason:

[Applicant] distinguished himself on 8 June 1968 while serving as a platoon medic with Company B, 2nd Battalion, 39th Infantry,
9th Infantry Division, on a reconnaissance in force mission in Lon An Province.  Seeing several comrades lying wounded and dangerously exposed to enemy fire, [Applicant] ran to the aid of one of the men and at great risk to his own safety, pulled him to safety and immediately initiated first aid measures.

8.  There are no Special Orders in the applicant's records that show he was awarded the CMB.

9.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any CMB order on file for the applicant.  

10.  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.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, governed the awards program in the Army theater of operations during the Vietnam conflict.  This regulation did not provide specific guidance for award of the Combat Medical Badge.  However, USARV Regulation 672-1 did provide detailed guidance on award of the Combat Infantryman Badge which is awarded to infantry personnel based essentially the same criteria for award of the Combat Medical Badge to medical aid personnel assigned to infantry units.  The regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments

12. Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received “excellent” conduct and efficiency ratings throughout his military service.  Furthermore, the applicant's records contain no derogatory information that would have disqualified him from being awarded the Good Conduct Medal.

14.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

15.  Headquarters, Fort Polk, Louisiana, Special Orders Number 155, dated
12 December 1967 show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 11 December 1967.

16.  Headquarters, Fort Polk, Louisiana, Special Orders Number 010, dated 11 January 1967 show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 5 January 1967.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 39th Infantry was awarded the Presidential Unit Citation, based on Department of the Army General Orders Number 60, dated 1969; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 59, dated 1969.

18.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Tet Counteroffensive and the Vietnam Counteroffensive Phases IV, V, and VI campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

19.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations involving conflict with an armed hostile force on 8 June 1968 in the Republic of Vietnam, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

2.  General orders awarded the applicant two awards of the Army Commendation Medal with "V" Device for heroism in connection with military operations involving conflict with an armed hostile force, on 6 April 1968 and 1 June 1968, in the Republic of Vietnam, which are incorrectly shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device.

3.  With respect to the applicant's CMB, the evidence of record clearly shows that the applicant held a medical MOS and was assigned to a medical platoon that was organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat.  He was personally present, an active participant, and under fire, on more than one occasion, specifically on 6 April 1968, 1 June 1968, and 8 June 1968, while the infantry unit engaged the enemy. Therefore, the applicant is entitled to award of the CMB and correction of his records to show this award. 

4.  The evidence of record shows that the applicant was inducted on 11 November 1966 and was honorably released from active duty on
13 November 1968.  He received an “excellent” efficiency and conduct rating throughout his military service, attained the rank/grade of SP5/E-5, and was awarded several awards for heroism.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award. 

5.  General orders awarded the applicant’s unit the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.  

6.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

7.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

___X____  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  awarding the applicant the Combat Medical Badge;
	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 November 1966 through 14 November 1968; 

	c.  deleting the entry "Army Commendation Medal (1st Oak Leaf Cluster)" from Item 24 of the applicant's DD Form 214; and 

	d.  adding award of the Bronze Star Medal with "V" Device, the Army Commendation Medal (1st Oak Leaf Cluster) and "V" Device, the Combat Medical Badge, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Presidential Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


															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)                                         AR20080013484



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ABCMR Record of Proceedings (cont)                                         AR20080013484



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