IN THE CASE OF:	  

		BOARD DATE: 	        1 July 2009

		DOCKET NUMBER:  AR20090003685 


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 Infantryman Badge.

2.  The applicant states that he should be awarded the Combat Infantryman Badge because he was in combat situations daily.  Even though he was a medic, he was a combat veteran.  As a medic, he was exposed to combat while trying to treat wounded Soldiers.  He carried an M-16 rifle and helped in fire fights when needed.

3.  The applicant provides, in support of his application, copies of his two DD Forms 214 and two maps of the Republic of Vietnam.

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.  On 10 November 1966, 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 or about 23 December 1967, the applicant departed Fort Benning, Georgia, for duty in the Republic of Vietnam.

4.  On 11 February 1968, the applicant was assigned for duty as an ambulance driver with the 1st Battalion, 5th Artillery Regiment, 1st Infantry Division.

5.  On or about 22 January 1969, the applicant returned to the United States for duty at Fort Sam Houston, Texas.

6.  On 3 September 1969, the applicant was discharged with an honorable characterization of service.  He had attained the rank of specialist five, pay grade E-5, and had completed 2 years, 9 months, and 24 days of creditable active duty service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 3 September 1969 lists his awards as the Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar, two overseas service bars, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and the National Defense Service Medal.  It does not show award of the Combat Infantryman Badge or the Combat Medical Badge.

8.  On 4 September 1969, the applicant enlisted in the Regular Army for a period of 6 years.  During this period of service, the applicant served at Fort Polk, Louisiana, and in the Federal Republic of Germany.

9.  On 3 September 1975, the applicant completed his term of service and was discharged.  He had attained the rank of staff sergeant, pay grade E-6, and had completed a total of 8 years, 9 months, and 24 days of creditable active duty service.

10.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 3 September 1975 lists his awards as the National Defense Service Medal, Army Commendation Medal, Army Good Conduct Medal with Clasp and two bronze loops, Republic of Vietnam Campaign Medal, Vietnam Campaign Medal with four bronze service stars, and the Expert Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Combat Infantryman Badge or the Combat Medical Badge.

11.  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.

12.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Appendix V of this regulation provided the guidance governing award of the Combat Infantryman Badge.  Paragraph 2a stated, in effect, that MOS's "in the 11-series with the letters B, C, D, F, G, and H" are infantry MOS's.

13.  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.  The applicant contends that even though he was a medic, he served in combat and should be awarded the Combat Infantryman Badge.

2.  The evidence clearly shows that the applicant was awarded a medical MOS and was assigned to an artillery battalion.  As such, he did not meet the qualifications for award of either the Combat Infantryman Badge or the Combat Medical Badge.
3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the above, the applicant's request 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)                                         AR20090003685



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ABCMR Record of Proceedings (cont)                                         AR20090003685



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