IN THE CASE OF:	  

		BOARD DATE:	       19 MARCH 2009

		DOCKET NUMBER:  AR20080018977 


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 records to show award of the Combat Medical Badge, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Bronze Star Medal. 

2.  The applicant states that he has orders for the Bronze Star Medal.  He states he served honorably and should have received the Army Good Conduct Medal.  He held the military occupational specialty (MOS) of a combat medic and he believes his unit was awarded the Republic of Vietnam medals.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); his General Orders Number 6437, dated 6 June 1969, awarding him the Bronze Star Medal; and an article showing he was awarded the Bronze Star Medal, 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 29 March 1968 for a period of three years.  Upon completion of basic combat training and advanced individual training, he was awarded MOS 91A (medical corpsman).  His highest grade held was specialist five, E-5.  

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 5 September 1968 with Headquarters and Headquarters Company, 3rd Battalion, 60th Infantry, 9th Infantry Division as a medical corpsman.  

4.  Headquarters, 9th Infantry Division, General Orders Number 3710, dated 27 March 1969, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 5 September 1968 to 24 February 1969.

5.  Headquarters, 9th Infantry Division, General Orders Number 3757, dated 28 March 1969, show the applicant was awarded the Army Commendation Medal with "V" Device for heroism on 28 February 1969.

6.  The applicant departed Vietnam on 8 April 1969.  He was credited with participation in the Vietnam Counteroffensive Phase V Campaign, the Vietnam Counteroffensive Phase VI Campaign, and the Tet 69 Counteroffensive 1969 Campaign.

7.  Headquarters, 9th Infantry Division, General Orders Number 6437, dated 6 June 1969, show the applicant was awarded the Bronze Star Medal for meritorious service from September 1968 through March 1969.  

8.  The applicant was wounded in action on 16 March 1969 and was awarded the Purple Heart by Headquarters, 3rd Surgical Hospital (Mobile Army), General Orders Number 82, dated 17 March 1969.

9.  Item 41 (Awards and Decorations) on his DA Form 20 shows he was awarded the Combat Medical Badge by Headquarters, 9th Infantry Division, Special Orders Number 352, undated.

10.  The applicant was released from active duty on 19 December 1969 in the rank of specialist five.  He completed 1 year, 8 months, and 21 days of active military service with no days of lost time.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  There is no record of disciplinary actions.  
11.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Purple Heart, one Overseas Service Bar, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 3rd Battalion, 60th Infantry, 9th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 59, dated 1969.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 3rd Battalion, 60th Infantry, 9th Infantry Division, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army General Orders Number 59, dated 1969.

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

15.  Army Regulation 600-8-22 states special provisions for award of the Combat Medical Badge during the Vietnam conflict.  These provisions permitted award of the Combat Medical Badge to Soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat.  The special provisions required that the Soldier must have been personally present and under hostile fire while assigned as specified.

16.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.



DISCUSSION AND CONCLUSIONS:

1.  The applicant completed training as a medical corpsman and was assigned to the 3rd Battalion, 60th Infantry, 9th Infantry Division during his tour in Vietnam.  In addition, he was wounded in action and was awarded the Purple Heart which confirms he engaged in actual ground combat.  

2.  Special Orders listed on the applicant's DA Form 20 show he was issued the Combat Medical Badge.  Since the applicant has met the requirements for award of the Combat Medical Badge, the entry on his DA Form 20 is accepted as sufficient evidence to amend his DD Form 214 to show award the Combat Medical Badge.  It appears that the entry of the Combat Infantryman Badge on the applicant's DD Form 214 may have been an administrative error since he did not serve as an infantryman (or have infantry MOS) during active ground combat in Vietnam.  Therefore, the entry "Combat Infantryman Badge" should be deleted from his DD Form 214.

3.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 29 March 1968 through 19 December 1969.  The applicant’s service records show he received conduct and efficiency ratings of "excellent" and was promoted to specialist five during this period.  

4.  The applicant was assigned to the 3rd Battalion, 60th Infantry, 9th Infantry Division during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his DD Form 214.

5.  General orders show the applicant was awarded the Bronze Star Medal; therefore, this award should be added to his DD Form 214.

6.  General orders show the applicant was awarded two awards of the Army Commendation Medal, one for meritorious achievement and one for heroism.  Therefore, the applicant's DD Form 214 should be amended to show the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).  

7.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his 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 first award of the Army Good Conduct Medal for the period 29 March 1968 through 19 December 1969;

	b.  deleting the entry "Combat Infantryman Badge" from his DD Form 214; and 

	c.  amending his DD Form 214 to add the Combat Medical Badge, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Bronze Star Medal, the Army Commendation Medal with "V" Device (First Oak Leaf Cluster), and three bronze service stars for wear on his already-awarded Vietnam Service Medal.




      _______ _   __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)                                         AR20080018977



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ABCMR Record of Proceedings (cont)                                         AR20080018977



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