IN THE CASE OF:	  

		BOARD DATE: 	        22 May 2009

		DOCKET NUMBER:  AR20090002163 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 28 May 1971 to show the Combat Infantryman Badge, the Combat Medical Badge, and the "Helicopter Crewman's Badge" [correctly known as the Aircraft Crewman Badge].

2.  The applicant states, in effect, that he was awarded these badges but they were left off of his DD Forms 214 for the periods ending 28 May 1967 and 28 May 1971.  In an undated letter, the applicant contends that he served two tours in Vietnam and received numerous medals but was never recommended for the Combat Infantryman Badge or the Combat Medical Badge during the TET Offensive where he served as a senior medical aidman in the 82nd Airborne Division.

3.  The applicant provides two DD Forms 214 for the periods ending 28 May 1967 and 28 May 1971 and an undated letter 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 12 May 1965 for a period of 3 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in MOS 11B assigned to the 128th Aviation Company in Vietnam from 19 December 1965 through 8 December 1966.  On 28 May 1967, he was honorably discharged for immediate reenlistment.

3.  The applicant's DD Form 214 for the period ending 28 May 1967 does not show the Combat Infantryman Badge, the Combat Medical Badge, or the Aircraft Crewman Badge as authorized awards.

4.  The applicant reenlisted on 29 May 1967 for a period of 4 years.  He was awarded primary MOS 91B (medical specialist) effective 30 June 1967.  He served in MOS 91B assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion (Airborne), 505th Infantry, in Vietnam from 14 February 1968 through 3 July 1968.  On 28 May 1971, the applicant was honorably discharged.

5.  The applicant's DD Form 214 for the period ending 28 May 1971 does not show the Combat Infantryman Badge or the Combat Medical Badge as authorized awards; however, it does show the Aircraft Crewman Badge as an authorized award.  Since this DD Form 214 shows the Aircraft Crewman Badge as an authorized award, this portion of his request will not be discussed further in these proceedings.  It is also noted that this DD Form 214 shows, among other awards, the Bronze Star Medal with "V" Device and the Air Medal with "V" Device as authorized awards.

6.  There are no orders for the Combat Infantryman Badge or the Combat Medical Badge in the available records.

7.  The citation for the applicant's award of the Air Medal with "V" Device is for heroism on 31 December 1965 while he served as a door gunner, not as a medic. 

8.  The citation and orders for the applicant's Bronze Star Medal with "V" Device are not available and therefore it cannot be determined if he was serving as a medic on that date.        

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22 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.  There are no orders for the Combat Infantryman Badge.  The evidence of record shows the applicant held and served in an infantry MOS and that he was assigned to an aviation company during his first assignment in Vietnam.  There is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  There are no orders for the Combat Medical Badge.  The evidence of record shows the applicant held and served in a medical MOS and that he was assigned to HHC, 2nd Battalion, 505th Infantry, during his second assignment in Vietnam.  Although this indicates he was assigned to the medical unit of the 2d Battalion, 505th Infantry, there is insufficient evidence to show he was with the unit while it was engaged in active ground combat in Vietnam.  Therefore, there is insufficient evidence on 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)                                         AR20090002163



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ABCMR Record of Proceedings (cont)                                         AR20090002163



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