IN THE CASE OF:	  

		BOARD DATE:	       11 December 2008

		DOCKET NUMBER:  AR20080015389 


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 that he be awarded the Combat Medical Badge

2.  The applicant states that he met all the requirements for the award while in Vietnam.

3.  The applicant provides a letter of support from a retired command sergeant major 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 enlisted and entered active duty on 15 November 1963.  He completed training, including 8 weeks as a medical corpsman, and was awarded military occupational specialty (MOS) 910.00.  He subsequently completed Special Forces (SF) training and was awarded the special qualification identifier (SQI) of "S."  His MOS was later converted to 91B2S (medical specialist with SF qualification.)

3.  He served as a medical specialist in Vietnam with Headquarters and Headquarters Company, 5th Special Forces Group, 1st Special Forces from 
13 April 1966 to 10 August 1966 and with D Company, 5th Special Forces Group, 1st Special Forces from 11 August 1966 to 31 January 1967.

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) show his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Additionally, Item 38 (Record of Assignments) of the DA Form 20 shows that, except for a "G(A)" efficiency rating while in the Special Forces Medical Specialist course, his conduct and efficiency ratings were exclusively excellent.

5.  The applicant was separated with an honorable characterization of service on 
5 February 1967.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) in pay grade E-5.

6.  Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Authorized or Awarded) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

7.  The retired command sergeant major (CSM) writes that the applicant was his assistant medic at Special Forces Detachment A-421 and subsequently the senior medic at a forward observation post.  The applicant participated in several offensive operations where he was directly responsible for treating combat casualties in the resulting firefights.  The Special Forces "A" camp was under almost daily small arms fire, which resulted in many casualties to the Special Forces troopers, indigenous personnel, and their families.  He believes the applicant earned and should be awarded the Combat Medical Badge.



8.  Review of the available record and the governing directive, Army Regulation 600-8-22 (Military Awards), reveals the following pertinent information.

	a.  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.  Special provisions for award of the Combat Medical Badge during the Vietnam conflict 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

   b.  Paragraph 8-49 of the regulation applies to the Special Forces Tab.  It states that …"a.  Any person meeting one of the criteria below may be awarded the Special Forces (SF) Tab: …
   
   (2)  Prior to 1 January 1988 for successful completion of the then 
approved program of instruction for Special Forces qualification in a Special Forces Group, who were subsequently awarded, by competent authority, SQI 'S'…." 

	c.  Appendix B shows the designated campaign periods for Vietnam.  During the applicant’s tour in Vietnam he participated during two campaign periods; Vietnam Counteroffensive campaign (25 December 1965 – 30 June 1966) and Vietnam Counteroffensive, Phase II campaign (1 July 1966 – 31 May 1967).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant, as a member of 5th Special Forces Group, 1st Special Forces is entitled to award of the Presidential Unit Citation based upon Department of the Army General Orders (DAGO) Number 45, dated 1969; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant held a qualifying MOS of 91B and was assigned to a qualifying Special Forces unit.  The retired CSM's letter attests to his combat service.  Therefore, he should be awarded the Combat Medical Badge.

2.  The applicant qualified for award of the Good Conduct Medal during the period 15 November 1963 to 14 November 1966.  It is presumed that his not receiving it was an administrative oversight.  Therefore, he should be awarded the first award of the Good Conduct Medal.

3.  The applicant held the required SQI of "S."  He should be awarded the Special Forces Tab.

4.  He was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaign periods while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

5.  The applicant is authorized the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The above cited awards should be added to his DD Form 214.

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 him the Combat Medical Badge, the Special Forces Tab, and  the Good Conduct Medal (first award, for the period 15 November 1963 to        14 November 1966); and
   
   b.  showing, that in addition to the awards presently listed on his 5 February 1967 DD Form 214, he is authorized the Good Conduct Medal, two bronze service stars for wear on his already-awarded Vietnam Service Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Medical Badge, and the Special Forces Tab.




      __________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)                                         AR20080015389



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ABCMR Record of Proceedings (cont)                                         AR20080015389



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