IN THE CASE OF:	

		BOARD DATE:	25 June 2009  

		DOCKET NUMBER:  AR20090002507 


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 Bronze Star Medal, the Army Commendation Medal, and the Combat Medical Badge.

2.  The applicant states that his DD Form 214 does not list all his awards and decorations.

3.  The applicant provides a copy of a letter, dated 13 October 1967, from Headquarters, XIV U.S. Army Corps, Minneapolis, MN, and a copy of a certificate, dated 9 February 1967, showing award of the Army Commendation Medal, 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 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's records show he was inducted into the Army of the United States on 6 July 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 7 July 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation. 

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 14 July 1966 to on or about 28 June 1967.  He was assigned to Battery C, 8th Battalion, 6th Artillery, 1st Infantry Division.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  Item 24 of this DD Form 214 does not show award of the Bronze Star Medal, the Army Commendation Medal, or the Combat Medical Badge.

5.  Headquarters, 1st Infantry Division, General Orders Number 961, dated 8 February 1967 show the applicant was awarded the Army Commendation Medal for meritorious achievement from 11 November 1966 to 25 November 1966.

6.  Headquarters, 1st Infantry Division, General Orders Number 5072, dated 15 July 1967 show the applicant was awarded the Bronze Star Medal for meritorious service from July 1966 to June 1967.

8.  The applicant's records do not contain Special Orders awarding him the Combat Medical Badge.

9.  During the processing of this case, a member of the Board staff attempted to review the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This system was not operational during the processing of this case.

10.  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.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, governed the awards program in the Army theater of operations during the Vietnam conflict.  This regulation did not provide specific guidance for award of the Combat Medical Badge.  However, USARV Regulation 672-1 did provide detailed guidance on award of the Combat Infantryman Badge which is awarded to infantry personnel based essentially the same criteria for award of the Combat Medical Badge to medical aid personnel assigned to infantry units.  The regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments

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

13.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received “excellent” conduct and efficiency ratings throughout his military service.  Furthermore, the applicant's records contain no derogatory information that would have disqualified him from being awarded the Good Conduct Medal.

14.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 8th Battalion, 6th Artillery was awarded the Meritorious Unit Commendation, from 1 June 1966 to 31 December 1966, based on Department of the Army General Orders Number 17, dated 1968; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 12 July 1965 to 16 October 1968, based on Department of the Army General Orders Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, from 1 October 1965 to 7 April 1970, based on Department of the Army General Orders Number 53, dated 1970.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase II, from 1 July 1966 to 31 May 1967, and the Vietnam Counteroffensive, Phase III, from 1 June 1967 to 29 January 1968, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal, the Army Commendation Medal, and the Combat Medical Badge.

2.  General orders awarded the applicant the Bronze Star Medal for meritorious service and the Army Commendation Medal for meritorious achievement which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards. 

3.  The evidence of record shows that the applicant was inducted on 6 July 1965 and was honorably released from active duty on 7 July 1967.  He received "excellent" efficiency and conduct rating throughout his military service, attained the rank/grade of SP4/E-4, and was awarded several awards for his combat service in the Republic of Vietnam.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award. 

4.  General orders awarded the applicant’s unit the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.  

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

6.  With respect to the Combat Medical Badge, the applicant's medical MOS and service in the Republic of Vietnam are not in question.  However, he served in that capacity in an artillery unit.  There is no evidence that shows he was assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit was engaged in active ground combat.  Therefore, he did not satisfy the requirements for award of the Combat Medical Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 July 1965 through 7 July 1967; 

	b.  adding award of the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal (1st Award), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Medical Badge.




      _______ _   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)                                         AR20090002507



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ABCMR Record of Proceedings (cont)                                         AR20090002507



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