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ARMY | BCMR | CY2010 | 20100000049
Original file (20100000049.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    29 June 2010  

		DOCKET NUMBER:  AR20100000049 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Medical Badge.

2.  The applicant states he served in combat as a medic with the 36th Engineer Battalion land-clearing platoon in the Republic of Vietnam.  His DD Form 214 does not denote the award of the Combat Medical Badge.  He was made aware of the error by the medical staff at the Caribou, Maine Veterans Center.  They pointed out that while he served in combat with many units as a medic his DD Form 214 did not list it.

3.  The applicant provides copies of a Letter of Commendation, a news article, and his DD Form 214.

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 he was inducted into the Army of the United States on 23 July 1969, for 2 years.  He completed training and was awarded military occupational specialty 91B, Medical Specialist.  He served in the Republic of Vietnam from 6 January 1970 to 5 January 1971 with Headquarters and Headquarters Company, 36th Engineer Battalion.

3.  The applicant's records contain and he submits a copy of a Letter of Commendation, dated 15 September 1970, wherein the Battalion Surgeon, 36th Engineer Battalion, stated the applicant, serving as a medical aidman as a member of that battalion, voluntarily served with Company B’s out post and land-clearing platoon.  The latter unit had been stationed in an extremely hazardous area and had been subject to mortar and ground attacks as well as frequent mines.  In that location, the applicant had shown himself to be a courageous, competent, and reliable aidman of fine character.

4.  The applicant was honorably released from active duty in pay grade E-5 on 24 February 1971 and transferred to the United States Army Reserve Control Group (Annual Training).

5.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge, and two Overseas Bars.  

6.  There are no orders in the applicant’s service personnel records that show he was awarded the Combat Medical Badge.  His DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decoration), does not list the Combat Medical Badge.

7.  The applicant also submits a copy of a news article pertaining to members of the 36th Engineer Battalion providing aid to a group of Vietnamese citizens who had become the victims of a Viet Cong booby trap.  The applicant is identified in this article as one of the only trained American medical personnel often called upon by Vietnamese requiring emergency medical treatment. 

8.  Army Regulation 672-5-1 (Awards), then in effect, specified special provisions for award of the Combat Medical Badge during the Vietnam conflict.  Those provisions permitted award of the Combat Medical Badge to Soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of a U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat.  The special provisions required that the Soldier must have been personally present and under hostile fire while assigned as specified. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  The evidence shows during his period of service in Vietnam he performed the duties of a medical aidman with the 36th Engineer Battalion; however, there is insufficient evidence to confirm, and he has not sufficiently shown, that he was personally present and participated in active ground combat while assigned or attached to an infantry unit during his period of service in Vietnam.  The evidence of record does not confirm and he has not shown that he was eligible for award of the Combat Medical Badge during his period of service in Vietnam.

2.  Based on the evidence, the applicant is not entitled to award of the Combat Medical Badge and to have it added to his DD Form 214.

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)                                         AR20100000049



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR201

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