IN THE CASE OF:	

		BOARD DATE:	  15 January 2009

		DOCKET NUMBER:  AR20080016393 


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 his 1971 separation document be corrected to reflect award of a second Army Commendation Medal and the Combat Medical Badge.

2.  The applicant states he only recently looked at his separation document and noted that the two awards were omitted from his separation document.  He states he earned both awards.

3.  The applicant provides a copy of his 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of orders awarding him the Army Commendation Medal with first oak leaf cluster.

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.  Records available to the Board indicate the applicant was inducted and entered active duty as an enlisted Soldier on 1 July 1969.  He was trained as a medical specialist (91B) and following completion of training was assigned to Vietnam in December 1969.

3.  Item 38 (Record of Assignments) on his DA Form 20 (Enlisted Qualification Record) indicates he was initially assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Infantry, upon arrival in Vietnam but was subsequently reassigned to Headquarters and Headquarters Battery, 4th Infantry Division Artillery, 4th Infantry Division, on 26 March 1970.  He remained with that organization until November 1970 when he returned to the United States.  He completed his military service at Fort Ord, California, and on 1 July 1971 was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve to complete his statutory service obligation.
4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 1971 DD Form 214 shows award of one Army Commendation Medal, the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)), and qualification as a marksman with the rifle bar.

5.  Orders issued by the 4th Infantry Division in July 1970 awarded the applicant the Army Commendation Medal for meritorious achievement during the period 1 April 1970 to 30 June 1970.  A subsequent order, issued by the 4th Infantry Division on 5 November 1970, awarded the applicant his second Army Commendation Medal (first oak leaf cluster) for meritorious service during the period December 1969 to November 1970.  The applicant's 1971 separation document, however, reflects award of only one Army Commendation Medal.

6.  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.



	b.  Appendix B shows the designated campaign periods for Vietnam.  During the applicant’s tour in Vietnam he participated during three campaign periods (Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  In order to be awarded the Combat Medal Badge, the applicant must show he was 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; that the infantry unit has been in contact with the enemy; and that he was personally present and under fire during such ground combat.  Although the applicant was initially assigned to such an organization while in Vietnam, he has not shown the unit was actively engaged with the enemy or that he was personally present and under fire during ground combat.  In order to meet the criteria for award of the Combat Medal Badge, the applicant must provide sufficient evidence of meeting all three qualifiers.  As such, the applicant has failed to meet the criteria for award of the Combat Medal Badge.

2.  The evidence does, however, confirm the applicant was awarded two Army Commendation Medals while in Vietnam.  It would be appropriate to correct his separation document to reflect award of two Army Commendation Medals vice the one currently shown.

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

4.  The applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



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  showing, that in addition to the awards presently listed on his 1971 DD Form 214, he is authorized two awards of the Army Commendation Medal (instead of the one award now listed there), three bronze service stars for wear on his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 award of the Combat Medical Badge.



      ___________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)                                         AR20080016393



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ABCMR Record of Proceedings (cont)                                         AR20080016393



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