IN THE CASE OF:	

		BOARD DATE:	  4 December 2008

		DOCKET NUMBER:  AR20080015070 


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 award of the Combat Medical Badge.

2.  The applicant states his unit was in the combat zone and all infantry units that were involved received the Combat Infantryman Badge.  He further states the 82nd Airborne Division was sent to an uprising in the Dominican Republic in April 1965.  He further states everyone received combat pay and he believes he is entitled to a Combat Medical Badge.

3.  The applicant provides no additional evidence or official documentation 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 military personnel record shows he initially enlisted in the Regular Army on 11 March 1963 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Corpsman).

3.  On 26 June 1964, the applicant was assigned to Headquarters and Headquarters Service Battery, 2nd Battalion, 321st Artillery.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was deployed on temporary assignment to the Dominican Republic from 29 April 1965 to 18 November 1965.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Combat Medical Badge.  Item 41 does show the applicant was awarded Armed Forces Expeditionary Medal for service in the Dominican Republic and the Parachutist Badge.

6.  On 10 March 1966, the applicant was released from active duty by reason of the expiration of his term of service.  He had completed 3 years of active service that was characterized as honorable.

7.  Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 March 1966 does not include an entry for the Combat Medical Badge.  Item 26 shows the applicant was awarded or is authorized the Armed Forces Expeditionary Medal and the Parachutist Badge.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides, in pertinent part, that the Medical Badge was awarded to a member of the Army Medical Service (colonels and below) who had satisfactorily performed medical duties subsequent to 6 December 1941 while assigned or attached to a medical unit of an infantry unit of brigade, regimental, or smaller size, or as a member of the medical platoon of an infantry or airborne brigade headquarters company during any period the infantry unit was engaged in active ground combat.  Battle participation credit was not sufficient; the infantry unit must have been in contact with the enemy.

9.  Change 13, dated 18 May 1966, to Army Regulation 672-5-1 changed the title of the Medical Badge to the Combat Medical Badge.  However, the eligibility requirements for the award remained the same.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, designates the Dominican Republic during the period from 28 April 1965 to 1 September 1966 as a qualifying war, conflict, or operation authorized for the award of the Combat Medical Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Combat Medical Badge because his unit was in a combat zone and all of the infantry units that were involved received the Combat Infantryman Badge.  He contends he received combat pay and he should be awarded the Combat Medical Badge.

2.  Assignment in a combat zone and receiving combat pay is insufficient for qualification for award of the Combat Medical Badge.  The evidence must show an individual is assigned to an infantry unit of brigade, regimental or smaller size and that the infantry unit was engaged in active ground combat.

3.  The applicant was assigned to Headquarters and Headquarters Service Battery, 2nd Battalion, 321st Artillery.  He was not assigned to an infantry unit of brigade, regimental, or smaller size.  Therefore, he does not meet the regulatory requirement for award of the Combat Medical Badge.

4.  Whether or not individuals in other infantry units received the Combat Infantryman Badge does not establish eligibility for the applicant to receive the Combat Medical Badge.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action 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.



      __________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)                                         AR20080015070





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ABCMR Record of Proceedings (cont)                                         AR20080015070



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