IN THE CASE OF:	  

		BOARD DATE:	       14 April 2009

		DOCKET NUMBER:  AR20080018289 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Medical Badge.

2.  The applicant states that he was awarded the Combat Medical Badge with two other medical specialists while serving in the Republic of Vietnam, but it is not shown on his DD Form 214.

3.  The applicant provides no documentation 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.  On 22 March 1965, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 91B (medical specialist).

3.  Special Orders Number 111, paragraph 11, 2nd Training Regiment, Fort Dix, New Jersey, dated 21 May 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On or about 1 September 1966, the applicant arrived in the Republic of Vietnam.  He was assigned for duty as a medical specialist with Company B, (Medical), 173rd Support Battalion, on 12 September 1966.

5.  Special Orders Number 106, 173rd Airborne Brigade (Separate), dated 16 April 1967, awarded the applicant the Combat Medical Badge.

6.  On or about 31 August 1967, the applicant departed the Republic of Vietnam and was subsequently assigned for duty at Fort Dix, New Jersey.

7.  On 29 May 1968, the applicant was released from active duty.  He had completed 3 years of creditable active duty and had 69 days of lost time.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, and Vietnam Campaign Medal.  It does not show award of the Combat Medical Badge.

9.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods:  the Vietnam Counteroffensive, Phase II and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 173rd Support Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated 1968, for award of the Meritorious Unit Commendation; and in DAGO Number 51, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any award orders for the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Combat Medical Badge but that it was not entered on his DD Form 214.

2.  Special orders show that the applicant was awarded the Combat Medical Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show these badges.

3.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Combat Medical Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




      ____________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)                                         AR20080018289



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ABCMR Record of Proceedings (cont)                                         AR20080018289



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