IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090019640
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 correction of his record to show award of the Combat Medical Badge.
2. The applicant states:
* he received the Combat Medical Badge at the time he was awarded the Bronze Star Medal with First Oak Leaf Cluster
* he was stationed at Dau Tieng, Vietnam
* he went on Medical Civic Action Programs missions, company/battalion missions, and convoy runs receiving fire and mortar and rocket attacks
* he is suffering from post-traumatic stress disorder
3. The applicant provides:
* three photographs of a village close to Dau Tieng
* DD Form 214 (Report of Transfer or Discharge)
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 was ordered to active duty from the U.S. Army Reserve (USAR) on 27 May 1966. His DD Form 214 shows his specialty as 3506 (field medical assistant). He served in Vietnam from 17 April 1969 to 7 April 1970. On 11 April 1970, he was released from active duty in the rank of captain and transferred to the USAR Control Group (Reinforcement).
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the Combat Medical Badge as an authorized award.
4. There are no orders for the Combat Medical Badge in the available records.
5. The available records do not contain a DA Form 66 (Officer Qualification Record).
6. In support of his claim, the applicant provided three photographs of a village close to Dau Tieng. He contends this village received mortar and sniper fire soon after the pictures were taken.
7. Army Regulation 600-8-22 (Military Awards) states 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:
There are no orders for the Combat Medical Badge in the available records. Although the evidence of record shows the applicant held a medical specialty, there is no evidence of record which 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 that was engaged in active ground combat in Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Medical Badge in this case.
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) AR20090019640
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019640
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017262
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). His infantry MOS and assignment to an infantry unit are not in question; however, there is no evidence in the available records, and the submitted evidence is insufficient, to show his participation in active ground combat...
ARMY | BCMR | CY2011 | 20110024746
The applicant requests award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the CIB while assigned to Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division * adding to his DD Form 214 the: * CIB * BSM * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation *...
ARMY | BCMR | CY2013 | 20130002615
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. However, there is no evidence in the available records and he did not submit any evidence that shows he held an infantry MOS and participated in active ground combat while assigned to an infantry unit. _______ _ _x______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2014 | 20140003274
It did not seem important to him at the time so he never requested the CIB. In addition to his regular duties working on helicopter turbine engines, he was required to do green line and flight line guard duty. c. During his time at An Khe, his unit received sniper and mortar attacks.
ARMY | BCMR | CY2008 | 20080002121
The following members, a quorum, were present: The Board considered the following evidence: Exhibit A - Application for correction of military records. There was no evidence in the available records and the applicant had not provided sufficient evidence to show that he was directly involved in active ground combat or that he was performing infantry duties while assigned to an infantry unit of brigade, regimental, or smaller size. The applicant provided, as new evidence, copies of several...
ARMY | BCMR | CY2001 | 2001061831C070421
APPLICANT REQUESTS: That his medical records be corrected to show he was wounded on 20 February 1969 as a result of hostile action. The witness statements he provides mention action on the night of 20 February 1969 and about midnight of 22/23 February 1969 but they do not substantiate what exactly caused his injuries on the morning of 20 February 1969. The Duty Officer Logs for the 2d Battalion, 22d Infantry for this period contained detailed information but do not mention Company D once.
ARMY | BCMR | CY2010 | 20100018485
U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam. The letter he provided from his company commander is considered to be an official document of record; however, it refers to the unit engaging in ground combat after the applicant's departure from the unit. Therefore, there is insufficient evidence for award of the CIB.
ARMY | BCMR | CY2010 | 20100000408
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070004413 on 6 September 2007. He submitted the following documents: a. a statement by his former unit's medical corpsman, SP4 B____ who served as a combat medic with Company D, 2nd Battalion, 12th Infantry, and received the Silver Star on 17 April 1968 and two awards of the Bronze...
ARMY | BCMR | CY2008 | 20080007041
His ears were also damaged at the Battle of Dau Tieng as indicated in the letter from a journalist. The applicant provided a letter from a former fellow Soldier, who was a combat correspondent for the 3rd Brigade, 25th Infantry Division at Dau Tieng, South Vietnam from August 1968 to August 1969. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2015 | 20150001974
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty to show the Combat Infantryman Badge. There is sufficient evidence to support his contention that he was awarded the Combat Infantryman Badge, which is not listed on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Combat Infantryman Badge.