IN THE CASE OF:	

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090013922 


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 the Combat Medical Badge (CMB) be included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he served in the Republic of Vietnam (RVN) from 
16 August 1965 through 11 September 1966.  

3.  The applicant provides a DD Form 214 in support of this 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 on 31 October 1963 and upon completion of initial entry training was awarded military occupational specialty 91B (Medical Aidman).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 16 August 1965 to 11 September 1966.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division, performing duties in MOS 91B as a medical specialist.  Item 41 (Awards and Decorations) shows that during his active duty tenure he received the CMB, Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), and RVN Campaign Medal (RVNCM).  

4.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, 11th Air Assault Division, Fort Benning, Georgia Special Orders Number 14, dated 14 January 1965, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-14 rifle. 

5.  The applicant's OMPF also contains Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 124, dated 2 November 1965, which awarded several members of the unit the Combat Infantryman Badge (CIB) and several other members the CMB.  The applicant's name was included in the list of Soldiers of the unit who were awarded the CMB.  There are no orders on file or any other documents indicating the applicant was ever awarded the CIB.  

6.  On 12 September 1966, the applicant was honorably released from active duty, in the rank of specialist four/E-4, after completing 2 years, 10 months, and 12 days of active military service.  Item 26 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the following awards:  National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, and CIB.  

7.  During the processing of this case, a member of the Board staff contacted the applicant and advised him that if the Board action on his application resulted in a recommendation to add the CMB, it would also likely result in removal of the CIB. The applicant acknowledged he understood this and requested his application still be processed.  

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

9.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN participation credit was granted for the Vietnam Defense, Vietnam Counteroffensive Phase I, and Vietnam Counteroffensive Phase II campaigns.   

10.  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 (5th Cavalry Regiment, 1st Calvary Division) was awarded the Presidential Unit Citation (PUC) for the period 23 October-
26 November 1965, in Department of the Army General Orders (DAGO) Number 40, issued in 1967, and the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969, in DAGO Number 59, issued in 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the applicant was awarded the CMB in orders issued by the 1st Cavalry Division (Airmobile) on 2 November 1965.  This award is corroborated by an entry in item 41 of his DA Form 20 and award orders on file in his OMPF.  

2.  The evidence further shows that as a result of an administrative error, the CIB instead of the CMB was entered in item 26 of the applicant's DD Form 214.  The applicant clearly never qualified for or was awarded the CIB during his active duty tenure.  Therefore, it would be appropriate to delete the CIB entered in
item 26 of his DD Form 214 and replace it with the CMB at this time.  

3.  The evidence of record also contains orders confirming the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-14 rifle, which was omitted from the list of earned awards on his DD Form 214.  Therefore, it should also be added to his DD Form 214 at this time. 

4.  Finally, the record shows that based on his RVN service and campaign participation, the applicant is eligible for the PUC, RVN Gallantry Cross with Palm Unit Citation, and 3 bronze service stars with his VSM, which should also be added to his 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 amending item 26 of his DD Form 214 by deleting the Combat Infantryman Badge and replacing it with the Combat Medical Badge and by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 3 bronze service stars with his Vietnam Service Medal.



      _______ _   _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)                                         AR20090013922



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ABCMR Record of Proceedings (cont)                                         AR20090013922



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