IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080017180
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 Bronze Star Medal (BSM) and the Combat Medical Badge (CMB) and that they 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 he has documents which show that his actions in combat were outstanding.
3. The applicant provides a letter from his company commander dated 29 August 1968, a letter to his parents from his detachment commander dated 28 September 1968, his DD Form 214, and two pages from a Daily Staff Journal or Duty Officer's Log.
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 applicants 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 applicants 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 was inducted into the Army of the United States on active duty on 22 March 1967 and was awarded the military occupational specialty of medical specialist.
3. The applicant arrived in Vietnam on 21 September 1967 and was assigned to the 501st Medical Detachment and then the 161st Medical Detachment.
4. On 18 September 1968, the applicant departed Vietnam. On 21 March 1969, the applicant, then serving in pay grade E-5, was honorably released from active duty at the expiration of his term of service.
5. In the letter from the applicant's company commander (Commander, Company A, 15th Transportation Battalion) dated 29 August 1968, his commander praised the applicant for exemplary performance of duties under fire along with two of the applicant's fellow Soldiers. In the letter to the applicant's parents from his detachment commander (Commander, 161st Medical Detachment) dated 28 September 1968, the detachment commander praised the applicant for his exceptional conduct and performance as one of the most dedicated medics that the commander had worked with. His detachment commander stated that the battalion commander had recommended the applicant for the BSM.
6. 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.
7. On 15 January 2007, the applicant was advised by the Board's staff that he had not exhausted his administrative remedies in conjunction with his request for the BSM and he was advised how to apply for award of the BSM under the provisions of Section 1130 of Title 10, U.S. Code (10 USC 1130).
DISCUSSION AND CONCLUSIONS:
1. The applicant was a medical specialist assigned to a transportation battalion. Since he was not assigned to an infantry unit, he is not entitled to the CMB.
2. As for the BSM, while the applicant performed his duties in an exemplary manner, it is noted that his company commander commended the applicant along with two other Soldiers. Without evidence to show that he distinguished himself personally by meritorious service or valor, there is insufficient evidence on which to award him the BSM.
3. While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects the applicants right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
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.
__________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) AR20080017180
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