IN THE CASE OF:	  

		BOARD DATE:	        22 JANUARY 2009

		DOCKET NUMBER:  AR20080014654 


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 his military records be corrected to show the award of the Bronze Star Medal, the Combat Infantryman Badge, and the Combat Medical Badge. 

2.  The applicant essentially states that the aforementioned medal and badges were not added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides his DD Form 214; an undated self-authored letter; and a letter, dated 29 November 1968, from the Office of the Adjutant General, Washington, D.C., in support of this 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 military records show that he enlisted in the Regular Army on 20 July 1966.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman), which was later converted to MOS 91B with the same duty title.  After completing airborne training, he departed for the Republic of Vietnam on 16 February 1967 and was initially assigned to Company D, 326th Medical Battalion, 1st Brigade, 101st Airborne Division.  On 22 June 1967, he was reassigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 101st Airborne Division.  He returned to the continental United States on 15 February 1968, but departed for a tour in Germany on 6 March 1968 and was assigned to HHC, 1st Battalion, 509th Infantry Regiment.  He returned to the continental United States on 30 June 1969 and was honorably released from active duty on 3 July 1969.  The DD Form 214 that he was issued at the time of his release from active duty essentially shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the basic Parachutist Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

3.  The applicant's DD Form 214 does not show that he was awarded the Bronze Star Medal.  The applicant provided a letter, dated 29 November 1968, from the Office of the Adjutant General, Washington, D.C., which essentially shows that an award of the Bronze Star Medal was forwarded to his unit in Germany.  This letter also shows, in pertinent part, that orders, dated 18 July 1968, were enclosed with this letter.  The applicant's military records contained Headquarters, 101st Air Cavalry Division, General Orders Number 3871, dated 18 July 1968, which in part awarded him the Bronze Star Medal.

4.  The applicant requested that his military records be corrected to show the award of the Combat Infantryman Badge.  The applicant's military records show that he possessed and served in a medical MOS during his tour in Vietnam.

5.  The applicant also requested that his military records be corrected to show the award of the Combat Medical Badge.  His military records show that he possessed a medical MOS throughout his service in Vietnam and that he was assigned to the 1st Brigade, 101st Airborne Division during his tour in Vietnam.

6.  The applicant provided an undated self-authored letter in which he essentially stated that while in Vietnam, he was a medic in MOS 91B on a reconnaissance team with the 101st Airborne Division the last 4 months of his tour.  He also stated that the Bronze Star Medal and the Combat Infantryman Badge were not listed on his DD Form 214.  He further states, in effect, they were overrun and engaged in hostile action several times while he was assigned to the reconnaissance team, and that updating his DD Form 214 is important to him.
7.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant's DD Form 214 does not show that he was awarded the Good Conduct.  His military records show that he served 2 years, 11 months, and 14 days of continuous enlisted active duty from 20 July 1966 to 3 July 1969.  All of his conduct and efficiency ratings were "excellent" throughout his active duty service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to HHC, 1st Brigade, 101st Airborne Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Counteroffensive Phase II campaign, the Vietnam Counteroffensive Phase III campaign, and the Tet Counteroffensive campaign.

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.

13.  Additionally, Army Regulation 600-8-22 provides 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 campaign 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.  Originally established as the Medical Badge, the Combat Medical Badge was created by the War Department on 1 March 1945.  It could be awarded to officers, warrant officers, and enlisted Soldiers of the Medical Department assigned or attached to the medical detachment of infantry regiments, infantry battalions, and elements thereof designated as infantry in tables of organization or tables of organization and equipment.  Its evolution stemmed from a requirement to recognize medical aid-men who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier.  The Combat Medical Badge was created as a "companion" badge to the Combat Infantryman Badge, with criteria for award of the Combat Medical Badge intended to parallel that of the Combat Infantryman Badge.  It was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares the experiences unique to the infantry in combat.  There was never any intention to award the Combat Medical Badge to all medical personnel who serve in a combat zone or imminent danger area.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service, except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.

15.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Bronze Star Medal, the Combat Infantryman Badge, and the Combat Medical Badge. 

2.  General orders awarded the applicant the Bronze Star Medal, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Bronze Star Medal.

3.  While the applicant requested that his military records be corrected to show the award of the Combat Infantryman Badge, he did not possess or serve in an infantry MOS.  As a result, there is no basis for correcting his military records to show the award of the Combat Infantryman Badge.

4.  The fact that the applicant possessed and served in a medical MOS with the 1st Brigade, 101st Airborne Division, is not in question.  However, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence which proves, by a preponderance of the evidence, that he was personally present and under fire while this infantry unit was in contact with the enemy and engaged in ground combat.  There are also no orders present in his military records which awarded him the Combat Medical Badge and the applicant did not provide any orders.  Regrettably, in view of the foregoing, there is insufficient basis upon which to correct his military records to show the award of the Combat Medical Badge.

5.  The applicant served 2 years, 11 months, and 14 days of continuous enlisted active duty from 20 July 1966 to 3 July 1969, and all of his conduct and efficiency ratings were "excellent" throughout this period of service.  There is also no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal. Therefore, it would be appropriate at this time to award him the Good Conduct Medal for the period 20 July 1966 to 3 July 1969 and correct his military records to show the award of the Good Conduct Medal.

6.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to HHC, 1st Brigade, 101st Airborne Division, while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his military records to show the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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.  showing the award of the Bronze Star Medal;

	b.  awarding him the Good Conduct Medal for the period 20 July 1966 to 3 July 1969 while serving as a specialist four;

	c.  showing the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  showing three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 correcting his military records to show the award of the Combat Infantryman Badge or the Combat Medical Badge.


3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      _________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)                                         AR20080014654



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ABCMR Record of Proceedings (cont)                                         AR20080014654



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