IN THE CASE OF:	

		BOARD DATE:	  27 January 2009

		DOCKET NUMBER:  AR20080016742 


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 the Combat Medical Badge (CMB) be added to his separation document (DD Form 214, Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his military personnel and medical records will confirm his entitlement to the CMB.

3.  The applicant provides Special Orders Number 230 which shows the applicant was retired for physical unfitness and rated 90 percent disabled, his DD Form 214, and excerpts from his physical evaluation board (PEB).

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 12 January 1966 and was awarded the military occupational specialty of medical specialist.

3.  The applicant arrived in Vietnam on 26 July 1967 and was assigned to Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry as a medical specialist on 31 July 1967.

4.  On 30 September 1967, the applicant's parents were sent a Western Union telefax which informed them that the applicant was slightly wounded in Vietnam on 29 September 1967 as a result of hostile action.  In the telefax it was explained that the applicant sustained a gunshot wound to both buttocks, both legs, and right foot, with traumatic amputation of his index and middle finger of his right hand.  In the telefax it was stated that the applicant was on a combat mission when hit by hostile automatic weapons fire.

5.  On 13 December 1967, the applicant departed Vietnam and was reassigned to a medical holding company in the continental United States.

6.  On 11 December 1968, the applicant was honorably released from active duty in pay grade E-5 and placed on the Retired List for physical unfitness, permanent, rated 90 percent disabled.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968).

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides, in pertinent part, that the Combat 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.
10.  Army Regulation 600-8-22 states, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

12.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 600-8-22, as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a medical specialist (combat medic) assigned to an infantry unit in Vietnam.  The fact that the applicant was wounded when he was hit by hostile automatic weapons fire while he was on a combat mission shows he was engaged in active ground combat.  As such, he is entitled to the CMB.

2.  Since there is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal and he received conduct and efficiency ratings of "excellent" throughout his service, it is evident that he was also entitled to the Army Good Conduct Medal.  It would be appropriate to now add that award.

3.  Based on the dates of the applicant's service in the Army and in Vietnam, he is also entitled to have the following awards added to his DD Form 214:  the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a bronze service star to be worn on his already-awarded Vietnam Service Medal.

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 CMB;

	b.  awarding him the Army Good Conduct Medal for the period 12 January 1966 to 11 December 1968; and

	c.  amending his DD Form 214 to add this badge and this award along with the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a bronze service star to be worn on his already-awarded Vietnam Service Medal.



      ____________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)                                         AR20080016742



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ABCMR Record of Proceedings (cont)                                         AR20080016742



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