IN THE CASE OF:	  

		BOARD DATE:	  7 MAY 2009

		DOCKET NUMBER:  AR20080019631 


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 he arrived in Cu Chi [Vietnam] in August 1967 and was assigned to Headquarters Company, 2nd Battalion, 27th Infantry ("Wolfhounds"), 25th Infantry Division.  Within a week, he was assigned to Company A, 2nd Battalion, 27th Infantry as a field medical.  He states he saved many lives and saw plenty of combat.  He also states that it took 30 days of combat to earn the Combat Medical Badge.  

3.  The applicant provides no additional documents 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 20 March 1967 for a period of three years.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 91A (medical corpsman).  His highest rank/grade he attained was specialist five (SP5)/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 17 August 1967 with Headquarters and Headquarters Company, 2nd Battalion, 27th Infantry, as a senior medical aid man in duty MOS 91B (medical specialist).  His DA Form 20 shows he was assigned to the 3rd Field Hospital in August 1968 as a medical specialist.  

4.  The applicant's service personnel records contain a USARV Form 157-R (Recommendation for Decoration for Valor or Merit), dated 21 August 1969, which shows he was recommended for award of the Bronze Star Medal.  The narrative description of this document states, in part, "SP5 V_____ was assigned to the 25th Infantry Division as a Company Aid Man from 20 August 1967 to
20 August 1968.  In this capacity, he participated in numerous combat missions involving engagement with enemy forces."

5.  The applicant departed Vietnam on 22 October 1969.  He was credited with participation in the following campaigns:  Vietnam Counteroffensive, Phase III
(1 June 1967 – 29 January 1968); Tet Counteroffensive (30 January 1968 – 
1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1968); Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); and the Vietnam Summer - Fall 1969 (9 June 1969 – 31 October 1969).  

6.  The applicant was released from active duty on 24 October 1969 in the rank of SP5.  He completed 2 years, 7 months, and 5 days of active military service with no days of lost time.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no record of disciplinary actions.

7.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Bronze Star Medal.

8.  The applicant's service personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 17 March 1982, which shows he was authorized issuance of the Combat Medical Badge.  

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

10.  The applicant subsequently served in the Army National Guard (ARNG) and his NGB Form 22 (Report of Separation and Record of Service) lists award of the Combat Medical Badge and his other Vietnam awards.  

11.  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 2nd Battalion, 27th Infantry, 25th Infantry Division, it was cited for award of the Valorous Unit Award by Headquarters, Department of the Army General Orders Number 36, dated 1970.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2nd Battalion, 27th Infantry, 25th 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 48, dated 1971.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2nd Battalion, 27th Infantry, 25th 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 51, dated 1971.

14.  Army Regulation 600-8-22 (Military Awards) 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.

15.  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 and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  It also states a silver service star is authorized in lieu of five bronze service stars.  

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 2nd Battalion, 27th Infantry, 25th Infantry Division during his tour in Vietnam.  In addition, he was awarded the Bronze Star Medal for meritorious service during combat missions involving engagement with enemy forces, which confirms he engaged in actual ground combat.  Since he has met the requirements for award of the Combat Medical Badge, his DD Form 214 should be amended to show this badge.  

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 20 March 1967 through 24 October 1969.  The applicant’s service records show he received "excellent" conduct and efficiency ratings throughout his tenure of service and was promoted to SP5 during this period.  

4.  The applicant was assigned to the 2nd Battalion, 27th Infantry, 25th Infantry Division during a period it was cited for award of the Valorous Unit Award, 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.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in seven campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect one silver service star and two 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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for the period from 20 March 1967 through 24 October 1969; and

	c.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with one silver service star and two bronze service stars, Combat Medical Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _________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)                                         AR20080019631



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ABCMR Record of Proceedings (cont)                                         AR20080019631



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