IN THE CASE OF:	

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090015502 


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 served as a combat medical corpsman (medic) in military occupational specialty (MOS) 91B (Medical Specialist) in the Republic of Vietnam (RVN) and received an honorable discharge.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a National Personnel Records Center (NPRC) letter, dated 24 January 2005, 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 3 November 1969.  His DA Form 20 (Enlisted Qualification Record) shows, in item 22 (Military Occupational Specialties), that he was awarded MOS 91A (Medical Corpsman) on 3 April 1970 and MOS 91B (Medical Specialist) on 14 September 1970.  Item 38 (Record of Assignments) shows he served in the RVN from 12 February 1971 through 5 September 1971. It also shows that throughout his service in the RVN he was assigned to the 3rd Field Hospital and 51st Field Hospital, performing duties in MOS 91B, as a ward specialist. 

3.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Army Good Conduct Medal (AGCM), and Marksman Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar during his active duty tenure.

4.  The applicant's Official Military Personnel File (OMPF) contains no orders or other documents that indicate he was ever recommended for or awarded the CMB by proper authority while serving on active duty.

5.  On 7 September 1971, the applicant was honorably released from active duty (REFRAD), in the rank/grade of specialist five (SP5)/E-5, after completing 1 year, 10 months, and 5 days of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  NDSM, VSM with 2 bronze service stars, RVN Campaign Medal, and AGCM.  The CMB is not included in the list of authorized awards.

6.  The applicant provides an NPRC letter, dated 24 January 2005, which includes the CMB in the list of awards the applicant is entitled to.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy and chapter 8 contains guidance on award of Badges and Tabs of United States Origin.  Paragraph 8-7 contains guidance on the CMB.  It states, in pertinent part, that for RVN service, the CMB may be awarded to Soldiers of the Army Medical Department (colonels and below), assigned or attached by appropriate orders 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 or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.  Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy.  In the RVN era, a member must have been assigned to an infantry unit of brigade or smaller size, including Special Forces Detachments, and must have been personally present and under hostile fire while assigned as specified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CMB based on his RVN service was carefully considered.  However, by regulation, in order to qualify for the CMB for RVN service, the member must have been performing his medical duties while assigned to an infantry unit of brigade, regimental, or smaller size and must have been present with that qualifying unit while it was engaged in active ground combat with enemy forces.  Service in a combat zone alone does not support award of the CMB.

2.  Notwithstanding the NPRC letter showing his entitlement to the CMB, the evidence of record shows the applicant was not assigned to a qualifying infantry unit, or medical unit that was organic to an infantry unit of brigade, regimental, or smaller size.  As a result, the NPRC letter is not sufficient as a basis for entitlement to a military award or for correction of military records to show a military award.  Therefore, the regulatory criteria necessary to support award of the CMB has not been satisfied in this case.

3.  The applicant and all others concerned should know that this action related to award of the CMB 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 the RVN.

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)                                         AR20090015502



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ABCMR Record of Proceedings (cont)                                         AR20090015502



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