IN THE CASE OF:
BOARD DATE: 1 October 2009
DOCKET NUMBER: AR20090008205
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Combat Medical Badge.
2. The applicant states, in effect, that he was on a firebase with twenty or thirty other people who also received the Combat Medical Badge. He states that he needs the Combat Medical Badge to show combat status for veterans benefits.
3. The applicant provides no additional documentation 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. On 27 July 1970, the applicant enlisted in the Army in Detroit, Michigan, for 3 years, in the pay grade of E-1. He successfully completed his training as a medical specialist. He was transferred to Vietnam on 20 September 1971 and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 502d Infantry Regiment. He was reassigned to the Drug Treatment Rehabilitation Center on 29 January 1972.
3. A review of the applicants records does not show that he was ever engaged in ground combat while he was in Vietnam.
4. The applicant returned to the Continental United States on 12 April 1972. On 29 May 1973, the applicant was released from active duty (REFRAD) early, under honorable conditions, in accordance with Department of the Army Message DARC-PEM 022045Z MAR 73 to serve 1 year in a United States Army Reserve Unit.
5. The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device 1960, the Sharpshooter Marksmanship Qualification Badge (Rifle M-16) and one overseas service bar.
6. 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 his DD Form 214 should be corrected to show that he was awarded the Combat Medical Badge.
2. His contentions have been considered. However, there is no evidence, nor has the applicant submitted any evidence, to show he was ever engaged in ground combat while he was in Vietnam.
3. According to the applicable regulation, the Combat Medical Badge is awarded to medical department personnel 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.
4. The applicant has not provided evidence sufficient to show he met the criteria contained in Army Regulation 600-8-22 for award of the Combat Medical Badge. Therefore, it cannot be included on his DD Form 214.
5. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
6. In view of the foregoing, there is no basis for granting the applicants request.
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) AR20090008205
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ABCMR Record of Proceedings (cont) AR20090008205
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