IN THE CASE OF:	  

		BOARD DATE:	       3 February 2009

		DOCKET NUMBER:  AR20080016157 


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 (CMB).

2.  The applicant states he completed medical training at Fort Sam Houston, Texas from December 1959 through January 1960.  He states he had field training and hospital duty then he was transferred to Company D, 1st Medical Battalion in Vietnam in September 1966.  He worked as a medical specialist at the Company D aid station where he witnessed and treated many wounded patients.  During the Tet Offensive of 1968 and 1969, he and other medics were told to go to an unknown airstrip.  They were later told to go to a landing zone (LZ) near Phu Loi.  They remained in the jungle for 5 days and ate C-rations.  In 1968, his complete company was transferred to Lai Khe, Vietnam where he continued to treat wounded troops.  On 2 June 1969, he was transferred to Fort Sam Houston, Texas where he trained new medical officers for duty in Vietnam.  He returned to Vietnam during January 1971 through October 1971 and was assigned to the 3rd Surgical Hospital.  He treated wounded troops and Vietnam civilians.  Around June or July 1971, he was transferred to Cam Ranh Bay drug rehabilitation center to treat troops that were on illegal drugs.  After being in Vietnam for 3 years, 7 months, and 7 days, he was admitted to the 6th Convalescence Hospital until he was medically evacuated to Valley Forge Army Hospital in Pennsylvania.  He was then sent on 30 days leave and was transferred to Fort Hood, Texas.



3.  The applicant provides a copy of a map of South Vietnam; two pages from his DA Form 20 (Enlisted Qualification Record); and four separation documents for the periods ending 8 October 1976, 4 May 1971, 28 August 1962, and 14 October 1965 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 in the Regular Army on 21 September 1959.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 910.00 (medical corpsman).  He was released from active duty on 28 August 1962 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  

3.  The applicant again enlisted in the Regular Army on 14 May 1963 for three years, followed by a reenlistment on 14 October 1965 for six years.

4.  His DA Form 20 shows he was assigned to Vietnam on 3 September 1966 and assigned to Company D, 1st Medical Battalion, 1st Infantry Division as a Senior Medical Aidman and Section Sergeant.  He departed Vietnam on 2 June 1969.

5.  His DA Form 20 shows he was reassigned to Vietnam on 27 January 1971 with the 3rd Surgical Hospital as a Senior Medical Specialist.  He was discharged on 4 May 1971 for immediate reenlistment.  



6.  The applicant reenlisted on 5 May 1971 and was discharged on 8 October 1976.  His DD Form 214 for the period ending 8 October 1976 shows he was awarded the Army Good Conduct Medal (4th Award), the Bronze Star Medal, the 
National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Meritorious Unit Commendation (4th Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, seven Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.   

7.  Item 41 (Awards and Decorations) on his DA Form 20 does not list award of the CMB.  

8.  Army Regulation 600-8-22 (Military Awards) provides the criteria for award of the CMB.  It states, in pertinent part, that the CMB was created by the War Department on 1 March 1945.  Its evolution stemmed from a requirement to recognize medical aidmen who shared the same hazards and hardships of ground combat on a daily basis with infantry Soldiers.  As with the Combat Infantryman Badge, the infantry unit to which the medical personnel are assigned or attached must engage the enemy in active ground combat.  The medical personnel must be personally present and under fire to be eligible for award of the CMB.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated he served as a medical specialist with Company D, 1st Medical Battalion in Vietnam and he treated many wounded troops.  He also stated he was reassigned to Vietnam in January 1971 and was assigned to the 3rd Surgical Hospital.  

2.  There is no evidence of record which shows the applicant was assigned or attached to an infantry unit that was engaged in active ground combat or was personally present and under fire as required for award of the CMB.  As he also noted, his duties did not require him to share the hazards and hardships of infantry Soldiers on a daily basis.

3.  Regrettably, the applicant has not met all of the requirements for award of the CMB in this case.



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.



      _________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)                                         AR20080016157



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ABCMR Record of Proceedings (cont)                                         AR20080016157



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