BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20090021546 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal and the Combat Medical Badge.

2.  The applicant states that he served in the Republic of Vietnam as a medic.  His first assignment was with the 1st Medical Company, 70th Medical Battalion in Pleiku.  He initially helped set up forward observation and listening posts.  Later he accompanied day and night patrols in and around Pleiku Province.  His overall duties were that of a combat medic.  He also helped with transporting sick and wounded Soldiers to Base Camp Enari and to the 71st Evacuation Hospital in Pleiku.  In October 1969, the applicant was assigned to Camp Radcliff to provide medical support for the 4th Infantry Division and the 17th Field Hospital.  He was with a group who were on standby to go out with an infantry unit or to provide first responder support on the dust-off helipad.  He was told that he had earned the Combat Medical Badge and would soon receive the badge.  Others had received their badges.  He never received his.  In December 1969, the 1st Medical Company was disbanded.  All personnel were assigned to other units throughout the country.   The applicant was served with several other units, the last of which was the 67th Evacuation Hospital in Qui Nhon.  When he received the Bronze Star Medal he thought for sure he would also receive his Combat Medical Badge.   It must have gotten lost in the shuffle.  He feels he earned this badge and should receive it.


3.  The applicant provides copies of his DD Form 214, DA Form 1577 (Authorization for Issuance of Awards), Special Orders Number 130, and a course completion certificate for the Counter-Insurgency Ambush and Evasion Course.

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  On 3 February 1969, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and he was awarded military occupational specialty 91B (Medical Specialist).

3.  Special Orders Number 130, U.S. Army Medical Training Center, Fort Sam Houston, TX, dated 19 June 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.

4.  On 20 June 1969, the applicant departed Fort Sam Houston for duty in the Republic of Vietnam (RVN).

5.  The applicant was assigned to the following units in the combat theater:

	a.  19 to 23 July 1969, as a medical corpsman with 70th Medical Battalion;

	b.  24 July to 4 November 1969, as a medical corpsman with 1st Medical Company;

	c.  5 November to 29 December 1969, as a medical corpsman with Headquarters and Headquarters Detachment, 70th Medical Battalion; and

	d.  30 December 1969 to 5 September 1970, as medical specialist with
67th Evacuation Hospital.

6.  On 26 June 1970, the applicant was promoted to specialist five (SP5)/E-5.

7.  On 5 September 1970, the applicant departed the RVN.

8.  On 9 September 1970, the applicant was released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, by reason of overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The highest rank/grade he held during his active service was SP5/E-5.  He completed 1 year, 7 months, and 7 days of creditable active service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar, RVN Campaign Medal, Vietnam Service Medal, Bronze Star Medal, and two Overseas Service Bars.

10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he received "excellent" conduct and efficiency ratings through his service.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  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 award of the Combat Medical Badge and the Army Good Conduct Medal.

2.  The evidence clearly shows that the applicant served in a combat theater as a medical corpsman and as a medical specialist with a medical battalion and an evacuation hospital.  Unfortunately, there is no evidence that these units were organic to an infantry unit of brigade, regimental, or smaller size.  Furthermore, the available evidence does not sufficiently show that the applicant's unit had been in contact with the enemy and that the Soldier had been personally present and under fire during such ground combat.  Therefore, is no basis for granting this portion of the applicant's request.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service, as evidenced by award of the Bronze Star Medal and attainment of SP5/E-5 in only 16 months.  He also received "excellent" conduct and efficiency ratings throughout his active service.  It is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Therefore, he is entitled to awarded the Army Good Conduct Medal (1st award) and correction of his DD Form 214 to show this award.

4.  Records show the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars for wear on his already-awarded Vietnam Service Medal.
5.  All units in the RVN were cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

6.  Orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st award) for the period
3 February 1969 to 9 September 1970; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 








denial of so much of the application that pertains to award of the Combat Medical Badge.



      __________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)                                         AR20090021546



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ABCMR Record of Proceedings (cont)                                         AR20090021546



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