IN THE CASE OF:	  

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20090021560 


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 add his Bronze Star Medal (BSM) (First Oak Leaf Cluster) with "V" Device and the Combat Medical Badge (CMB).  He also requests any other awards or decorations he may be entitled to be added to his DD Form 214.

2.  The applicant states these decorations and this badge were not entered on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of General Order Number 8449, dated 14 August 1968.

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 military records show that he was inducted into the Army of the United States on 19 October 1966.  He was awarded military occupational specialty 91B (medical specialist), he served in Vietnam from 3 February 1968 to 8 October 1968, and he was promoted to the rank/grade of sergeant (SGT)/E-5.

3.  While in Vietnam, the applicant served as:

* an ambulance driver with Headquarters and A Company, 1st Medical Battalion, 1st Infantry Division from 12 February 1968 to 12 March 1968
* a medical aidman with Headquarters and Headquarters Company, 1st Battalion, 28th Infantry, 1st Infantry Division from 13 March 1968 to
7 October 1968

4.  The applicant's records contain:

   a.  General Order Number 7664, issued by Headquarters, 1st Infantry Division, dated 30 July 1968, which awarded the applicant the Army Commendation Medal (ARCOM) with "V" Device for action on 15 April 1968.

   b.  General Order Number 8449, same headquarters, dated 14 August 1968, which awarded the applicant the BSM (First Oak Leaf Cluster) with "V" Device for action on 31 May 1968.

   c.  General Order Number 12757, same headquarters, dated 5 December 1968, which awarded the applicant the BSM (First Oak Leaf Cluster) for meritorious service from March 1968 to October 1968.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment , his unit:

   a.  Headquarters and A Company, 1st Medical Battalion, 1st Infantry Division, was awarded the Meritorious Unit Commendation for the period 1 October 1967 to 31 March 1968 by Department of the Army General Orders (DAGO) 55, dated 1968 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO 53, dated 1970.
   
b.  Headquarters and Headquarters Company, 1st Battalion, 28th Infantry,
1st Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO 53, dated 1970.

6.  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 Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)

7.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the U.S. Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period
8 February 1962 through 28 March 1973.

8.  Army Regulation 600-8-22 provides that the CMB is awarded to medical department personnel (colonels 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.

9.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the BSM.

DISCUSSION AND CONCLUSIONS:

1.  While General Orders Number 8449 awarded the applicant the BSM (First Oak Leaf Cluster) with "V" Device, there is no evidence that the applicant was awarded an earlier BSM.  It would appear that his ARCOM with "V" Device was mistaken for a BSM with "V" Device, which led to the error.

2.  However, orders substantiate that the applicant was awarded an ARCOM with "V" Device, a BSM with "V" Device, and a BSM (First Oak Leaf Cluster) for meritorious service.  Therefore, it would be appropriate to add the ARCOM with "V" Device and the BSM (First Oak Leaf Cluster) with "V Device to his
DD Form 214.
3.  Based on his assignment to his units in Vietnam, he is entitled to the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards).  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Based on the dates of the applicant's assignment to Vietnam, he is entitled to 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the bronze service stars.

5.  The applicant held the MOS of medical specialist and served as a medical aidman while assigned to an infantry unit in Vietnam during a time when he was given two awards for valor.  As such, he is entitled to the CMB and correction of his DD Form 214 to show this award.

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:

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

   b.  awarding him the Combat Medical Badge for service on 15 April 1968; and

   c.   adding to item 24 of his DD Form 214 the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, Army Commendation Medal with "V" Device, Combat Medical Badge, Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm 

Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards).



      ___________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)                                         AR20090021560



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021560



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1