IN THE CASE OF:
BOARD DATE: 11 June 2009
DOCKET NUMBER: AR20090003124
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 Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Medical Badge.
2. The applicant states, in effect, that he attended combat medic training at Fort Sam Houston after he was drafted and that he served as a combat medic assigned to the 1st Battalion, 50th Infantry in Vietnam from January 1970 to August 1970. He indicates that he witnessed so much pain and suffering in battle that he is now suffering from Post Traumatic Stress Disorder. He also points out that he was released from the Army on a Soldier's affidavit on
23 August 1971 because his military records were lost.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge) 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 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 military records are not available to the Board. This case is being considered using reconstructed records which primarily consist of an induction record, discharge orders, and a DD Form 214.
3. The applicant was inducted on 27 August 1969. He was awarded military occupational specialty 91B (medical specialist). On 23 August 1971, he was released from active duty.
4. The applicant's DD Form 214 shows the National Defense Service Medal as an authorized award. Item 22c (Foreign and/or Sea Service) on his DD Form 214 shows the entry "USARPAC [U.S. Army Pacific] NVAL [Not available]." Item 30 (Remarks) on his DD Form 214 shows the entries "VN [Vietnam] SERVICE: NVAL" and "EM [Enlisted member] Separated from Service on Temporary Records and Soldier's Affidavit."
5. There is no evidence of record which shows the applicant served in Vietnam. However, orders show the applicant returned from an assignment in Hawaii in August 1971.
6. There are no orders for the Combat Medical Badge in the available records.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
8. Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960). This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the
Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.
9. 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. Although the applicant contends that he served in Vietnam from January 1970 to August 1970, there is no evidence of record to support this contention. Therefore, there is insufficient evidence on which to award the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960).
2. There are no orders for the Combat Medical Badge in the available records. Although the evidence of record shows the applicant was awarded a medical MOS, there is no evidence of record which shows he was 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 that 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) AR20090003124
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ABCMR Record of Proceedings (cont) AR20090003124
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