IN THE CASE OF:
BOARD DATE: 21 May 2009
DOCKET NUMBER: AR20090000191
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 was attached to the 2nd Battalion, 34th Armored Regiment in the Republic of Vietnam and was awarded the Bronze Star Medal for his action in combat.
3. The applicant provides, in support of his application, a copy of his
DD Form 214.
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. On 7 September 1965, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. On 10 April 1967, the applicant departed Homestead Air Force Base for duty in the Republic of Vietnam.
4. On or about 7 June 1967, the applicant was attached to Company A, 2nd Battalion, 34th Armored Regiment, in the Republic of Vietnam.
5. On or about 14 May 1968, the applicant returned to the United States for duty at Fort Hood, Texas.
6. On 6 September 1968, the applicant was released from active duty. He had attained the rank of specialist five, pay grade E-5 and had completed 3 years of creditable active duty.
7. 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 Vietnam Service Medal with three bronze service stars, National Defense Service Medal, Bronze Star Medal, and the Marksman Marksmanship Qualification Badge with Carbine Bar. It does not show award of the Combat Medical Badge.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Medical Badge based on his service as a medical specialist in combat with an Armored Regiment.
2. The evidence clearly shows that the applicant was a medical specialist and served in a combat theater. However, he was not assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. Therefore, his request for award of the Combat Medical Badge should be denied.
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) AR20090000191
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ABCMR Record of Proceedings (cont) AR20090000191
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