IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090009311
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 award of the Combat Medical Badge (CMB).
2. The applicant states, in effect, that he should have been awarded the CMB because he held military occupational specialty (MOS) 91B as a senior medical corpsman and he served in the Republic of Vietnam (RNV) from June 1967 to May 1968.
3. The applicant submitted a self-authored statement and a copy of a letter to the "Veterans Administration and those concerned with PTSD [Post Traumatic Stress Disorder]" 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. The applicant's record shows he was inducted into the Army of the United States and he entered active service on 17 August 1966. He completed basic combat and advanced individual training and he was awarded MOS 91B (Medical Corpsman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in Item 38 (Record of Assignments) that he served in the RVN in MOS 91B with the principal duty as a senior medical aidman assigned to the 616th Medical Company (Clearing) from 7 June 1967 to 30 April 1968. He further served with the 563rd Medical Company, 67th Medical Group from 1 May to 26 May 1968 in the same MOS and principal duty.
4. On 27 May 1968, the applicant was honorably released from active duty after completing a total of 1 year, 9 months, and 11 days of active military service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training to complete his remaining Reserve obligation. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CMB.
5. There are no orders in the available records which show the applicant was awarded the CMB.
6. The applicant submitted a self-authored statement outlining his experiences and qualifications in the military in support of his application.
7. The applicant submitted a copy of a letter to the VA and those concerned with PTSD outlining his experiences while working on wounded Soldiers in the operating room while in the RVN.
8. 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 contention that he should have been awarded the CMB because he held MOS 91B and that he served in the Republic of Vietnam was carefully considered.
2. The applicant's medical MOS and his service in the RVN are not in question. Additionally, the applicant's sincerity with regard to his participation and/or
performance of his duties as a medic in a combat zone in the RVN is also not in question.
3. However, there is no evidence in the available records and the applicant did not submit any 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 such evidence, the applicant does not meet the eligibility requirement for the CMB. Therefore, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____ ___ ___ ____ ____ ____ GRANT PARTIAL RELIEF
________ _______ _________ GRANT FORMAL HEARING
___X____ ___X____ __X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20090009311
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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