IN THE CASE OF:
BOARD DATE: 14 April 2009
DOCKET NUMBER: AR20090001045
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 Combat Medical Badge.
2. The applicant states, in effect, that he performed his duties as a combat medic on numerous occasions during his service in the Republic of Vietnam. He adds that he attended to his platoon leader when he succumbed to mortal wounds near firebase Blackhawk and that this was one of many combat incidents in which he was involved.
3. The applicant did not provide any additional documentary evidence in support of his request.
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 records show he was inducted into the Army of the United States on 31 August 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist). He was honorably separated in the rank/grade of specialist four/E-4 and transferred to the U.S. Army Reserve Control Group (Annual Training) on 29 August 1969.
3. The applicants records show he served in the Republic of Vietnam from on or about 18 February 1968 to on or about 13 February 1969. He was assigned to Headquarters Troop, 2nd Squadron, 1st Cavalry.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Good Conduct Medal (1st Award), and two overseas service bars. Item 24 does not show award of the Combat Medical Badge.
5. There are no orders in the applicant's records that show he was awarded the Combat Medical Badge.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Medical Badge.
7. 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 he is entitled to award of the Combat Medical Badge.
2. The applicant's medical MOS and service in the Republic of Vietnam are not in question. Additionally, the applicant's sincerity with regard to his participation and/or performing his duties as a combat medic in the Republic of Vietnam is also not in question.
3. However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat. In the absence of evidence that the applicant was personally present while the infantry unit was in contact with the enemy, there is insufficient evidence upon which to base award of the Combat Medical Badge in this case.
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) AR20090001045
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ABCMR Record of Proceedings (cont) AR20090001045
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