IN THE CASE OF:
BOARD DATE: 30 July 2009
DOCKET NUMBER: AR20090004799
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 Medical Badge.
2. The applicant states, in effect, that he held a medical specialty and served in the Republic of Vietnam as a combat medic for over 11 months. Therefore, he believes he should be entitled to the Combat Medical Badge.
3. The applicant provides a copy of his DD Form 214, dated 24 July 1969, 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 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 records show he was inducted into the Army of the United States on 13 June 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist). He was honorably separated in the rank/grade of specialist four/E-4 on 24 July 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.
3. The applicants records show he served in the Republic of Vietnam from on or about 26 January 1968 to 19 January 1969. He was assigned to Headquarters Company, 25th Medical Battalion, 25th Infantry Division (Light).
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Driver's Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Item 24 does not show award of the Combat Medical Badge.
5. There are no orders in the applicant's records that show he was awarded the Combat Medical Badge.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Medical Badge.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Combat Medical Badge and correction of his DD Form 214 to show this award.
2. The applicant's medical MOS and service in the Republic of Vietnam are not in question. Additionally, the applicant's sincerity with regard to his participation and/or performing his duties as a combat medic in the Republic of Vietnam is also not in question.
3. However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which engaged in active ground combat. In the absence of evidence that the applicant was personally present while the infantry unit was engaged with the enemy there is insufficient evidence upon 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) AR20090004799
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ABCMR Record of Proceedings (cont) AR20090004799
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