IN THE CASE OF:	

		BOARD DATE:	27 August 2009  

		DOCKET NUMBER:  AR20090004699 


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, award of the Combat Medical Badge (CMB). 

2.  The applicant states, in effect, he was never awarded the CMB for his service as a combat medical corpsman (MEDIC) in the Republic of Vietnam (RVN) even though he was wounded in action while performing these duties and was awarded the Purple Heart (PH).  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States 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 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 record shows he enlisted in the Regular Army and entered active duty on 30 September 1968 and he was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 8 April 1969 through 7 August 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company, 1st Battalion, 502nd Infantry Regiment, performing duties in MOS 91B as a MEDIC.  Item 38 shows he was a medically evacuated from the RVN and entered a patient status in Japan on 28 July 1969.  His DA Form 20 also shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry showing he was wounded in action in the RVN on 13 June 1969.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with 60 Device, PH, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar.  

5.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  The OMPF contains a casualty report and Western Union Telegram that indicate the applicant was wounded in action in the RVN, on 13 June 1969, while on a combat operation when a hostile force was encountered.  

6.  On 29 September 1971, the applicant was honorably released from active duty, in the rank of specialist four, upon the expiration of his term of service.  The DD Form 214 he was issued at the time shows he completed a total of 3 years of active duty service and that he earned the NDSM, 1 Overseas Service Bar, RVMCM with 60 device, PH, VSM with 2 bronze service stars, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 4 prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  


8.  Chapter 8 of the awards regulation also contains guidance on badges and tabs of United States origin.  Paragraph 8-7 contains guidance on the CMB.  It states, in pertinent part, that the CMB may be awarded to a members of the Army Medical Department (AMEDD) in the ranks of colonel and below, who are assigned or attached 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 is engaged in actual ground combat on or after 6 December 1941.  The CMB was created as a "companion" badge to the CIB and the criteria for this award is intended to parallel that of the CIB.  It was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares the experiences unique to the infantry in combat.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (1st Battalion, 502nd Infantry Regiment) was awarded the Valorous Unit Award (VUA) for the period 12 March through 8 May 1969, in Department of the Army General Order (DAGO) 2, issued in 1971; and the unit received the RVN Gallantry Cross (RVNGC) with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CMB based on his service in the RVN was carefully considered and found to have merit.  By regulation, the CMB may be awarded to AMEDD personnel assigned to an infantry unit of brigade, regimental, or smaller size, during any period the infantry unit is engaged in actual ground combat.  The evidence of record confirms the applicant was serving in a qualifying AMEDD MOS as a MEDIC with a qualifying infantry unit, and he was assigned to the unit during a period the unit was engaged in actual combat operations with enemy forces, as evidenced by the casualty report and Western Union Telegram in his record.  Therefore, it would be appropriate to award him the CMB and to add it to his record and DD Form 214 at this time. 

2.  The applicant's record also shows he received "excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the AGCM for his qualifying period of honorable active duty service from 30 September 1968 through 29 September 1971, and to add it to his record and DD Form 214 at this time. 

3.  The evidence of record also shows that based on the applicant’s RVN service, he is also eligible for the VUA, RVNGC with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should also be added to his record and DD Form 214 at this time.  

BOARD VOTE:

____x____  _____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

   a.  awarding him the Army Good Conduct Medal for the period 30 September 1968 through 29 September 1971 and the Combat Medical Badge;

   b.  adding to the list of awards shown on his DD Form 214 the:  Combat Medical Badge, Army Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

   c.  providing him a correction document that includes these changes. 



      _______ _   _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)                                         AR20090004699



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ABCMR Record of Proceedings (cont)                                         AR20090004699



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