IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090007470 


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, that the Bronze Star Medal (BSM) with "V" Device, BSM for meritorious service, and Combat Medical Badge (CMB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, the BSM with "V" Device and BSM for meritorious service he earned are not listed on his DD Form 214, and he was a 91B (Medical Specialist) assigned to a rifle platoon and should have been awarded the CMB.

3.  The applicant provides orders and certificates for the BSM with "V" Device and BSM for meritorious service and a CMB request 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 was inducted into the Army of the United States and entered active duty on 14 July 1966.  He was trained in and awarded military occupational specialty (MOS) 91B.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 6 July 1967 through 5 July 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Troop, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division, performing duties in MOS 91B as a medical aidman.

4.  The applicant's official military personnel file contains Headquarters, 1st Infantry Division, General Orders Number 6075, dated 27 June 1968, which awarded the applicant the BSM with "V" Device for heroism in the RVN on 15 April 1968.  It also contains Headquarters, 1st Infantry Division, General Orders Number 6382, dated 3 July 1968, which awarded the applicant the BSM for meritorious service during the period July 1967 through May 1968.

5.  The applicant's record contains a request from the commander of Troop D (Air), 1st Squadron, 4th Cavalry Regiment, dated 15 June 1968, in which the commander requested the applicant be awarded the CMB.  He stated that the applicant served as a platoon medical corpsman (medic) for the aero rifle platoon, which was an organic rifle platoon, for over 90 days.  He further indicated that during this period the platoon had engaged the enemy on numerous occasions and had sustained many casualties.  The applicant, acting as any other rifle platoon medic, exposed himself repeatedly to enemy fire to administer first aid to the wounded.  He further stated that this request was denied twice and that it should be reconsidered and the situation completely investigated which would establish the unit had an organic rifle platoon.  No response to this request is on file in the applicant's record.

6.  On 6 July 1968, the applicant was honorably released from active duty (REFRAD) in the rank of specialist four after completing 1 year, 11 months, and 23 days of active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his REFRAD shows he earned the following awards:  National Defense Service Medal, Vietnam Service Medal (VSM), RVN Campaign Medal, Air Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM and states, in pertinent part, that a bronze service star is authorized for every campaign a member is credited with participating in while serving in the RVN.

8.  Paragraph 3-13 of Army Regulation 600-8-22 contains guidance for the BSM and states, in pertinent part, that it may be awarded for meritorious service or meritorious achievement.  A "V" Device denoting valor is authorized for awards of the BSM made for heroism.  An oak leaf cluster is awarded to denote a second or subsequent award of the BSM.

9.  Chapter 8 of Army Regulation 600-8-22 contains guidance for combat and skill badges of United States origin.  Paragraph 8-7 contains guidance for the CMB and states, in pertinent part, that it is awarded to members of the Army Medical Department 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, regimental, or smaller size during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided the command's awards policy.  Appendix V provided guidance for award of the Combat Infantryman Badge (CIB) and stated, in pertinent part, that a rifle squad or cavalry platoon satisfied the infantry type unit of regimental size or smaller requirement for award of the CIB.

11.  U.S. Military Assistance Command Vietnam Directive Number 672-4, annex A, appendix 8, provided guidance for award of the CMB and stated, in pertinent part, that it was authorized to members of the Army medical service who were assigned or attached to an infantry type unit of regimental size or smaller.

12.  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 Squadron, 4th Cavalry Regiment) earned the Valorous Unit Award (VUA) for the period 31 January 1968 through 31 May 1968, which was awarded in Department of the Army General Order (DAGO) Number 20, issued in 1967, and the RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968, which was awarded in DAGO Number 21, issued in 1969.  It also shows that during his tenure of assignment, participation credit was granted for the Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the BSM with "V" Device and BSM for meritorious service should be added to the list of awards contained on his DD Form 214 was carefully considered and found to have merit.  Therefore, the entry BSM with 1st Oak Leaf Cluster (2nd Award) with "V" Device, which denotes two awards of the BSM, one of which was earned for heroism, should be added to item 24 of his DD Form 214.

2.  The applicant's claim that he is eligible for and should be awarded the CMB based on his service as a medic in the aero rifle platoon of a cavalry regiment in the RVN was also carefully considered and found to have merit.  The USARV regulation in effect at the time stipulated that the CMB should be awarded to medical service personnel who were assigned or attached to an infantry type unit of regimental size or smaller and who were personally present and under hostile fire with their infantry type unit while it was engaged in active ground combat with enemy forces.  It further stipulated that for CIB award purposes, which mirrored CMB award criteria, rifle squads or cavalry platoons of a cavalry unit qualified as infantry type units for CIB/CMB award purposes.

3.  Given the applicant's cavalry squadron commander confirmed in a 15 June 1968 request that the unit had an organic rifle platoon and that the applicant served as that platoon's medic and had been present with the unit on numerous occasions when it was engaged in active ground combat with enemy forces, it would be appropriate to award the applicant the CMB and to add it to his record and DD Form 214 at this time.

4.  The evidence of record also shows that based on his RVN service and campaign participation, the applicant is eligible for the VUA, RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards 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 awarding him the Combat Medical Badge; by amending item 24 of his DD Form 214 by adding the Bronze Star Medal with 1st Oak Leaf Cluster (2nd Award) with "V" Device, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, four bronze service stars with his Vietnam Service Medal, and Combat Medical Badge and by providing him a correction to his DD Form 214 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)                                         AR20090007470



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ABCMR Record of Proceedings (cont)                                         AR20090007470



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