IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100000135 


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 items 12 (Last Duty Assignment and Major Command) and item 25 (Education and Training Completed) of his DD Form 214 (Report of Transfer or Discharge).  He also requests award of the Combat Medical Badge (CMB) and the Combat Infantryman Badge (CIB).

2.  The applicant states:

* upon his arrival in Vietnam he was assigned to the 4th Medical Detachment at Long Binh
* he volunteered for special training in animal specialist skills
* he was trained in Long Binh and Phu Loi
* he was attached to the 2nd Squadron, 11th Armored Cavalry Regiment (ACR) from October 1971 to April 1972
* his attachment to the 11th ACR means he served under combat conditions in an active combat unit
* item 12 of his DD Form 214 should reflect the 11th ACR
* the training he received in animal specialist skills should be added to item 25 of his DD Form 214
* as a consequence of this service, by definition, he is eligible for the CMB and the CIB 


3.  The applicant provides:

* A roster of the 11th Armored Cavalry's veterans of Vietnam and Cambodia
* A website extract of a document entitled "U.S. Army Medical Support for Vietnam War Dogs."

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 enlisted in the Regular Army on 30 April 1969 for a period of 
3 years.  He was awarded military occupational specialty (MOS) 91R (food inspection specialist).  He arrived in Vietnam on 13 September 1971.  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 91R while assigned to the 4th Medical Detachment in Vietnam from 15 September 1971 to 16 April 1972.  On 20 April 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.

3.  Item 12 of the applicant's DD Form 214 shows his last duty assignment and major command was the 4th Medical Detachment in Vietnam.  Item 25 of his 
DD Form 214 shows he completed the 8-week Food Inspection Procedures course in 1969. 

4.  There is no evidence of record which shows the applicant was assigned to the 11th ACR in Vietnam.

5.  There is no evidence of record which shows the applicant completed a course on animal specialist skills.

6.  Item 27 (Military Education) of the applicant's DA Form 20 shows he completed the 8-week basic food inspection procedures course [at Chicago, IL] in 1969 and a 4-week noncommissioned officer academy [at Fort Richardson, AK] in 1971.

7.  There are no orders for the CMB or the CIB in the applicant's available records.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show entitlement to the CMB or the CIB.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation, in effect at the time, provided that for:

* item 12, enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization
* item 25, enter the list of service schools, including major courses that were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states the CMB 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.

11.  Army Regulation 600-8-22 states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.


DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he was attached to the 2nd Squadron,
11th ACR in Vietnam from October 1971 to April 1972, his DA Form 20 shows he was assigned to the 4th Medical Detachment in Vietnam from September 1971 to April 1972.  The last unit of assignment is to be entered on the DD Form 214.  Therefore, there is insufficient evidence in which to amend item 12 of his DD Form 214.

2.  The applicant's contention he received training in animal specialist skills was noted.  However, there is no evidence of record and the applicant provided no evidence which shows he completed a course on animal specialist skills.  Therefore, there is insufficient evidence in which to amend item 25 of his
DD Form 214.

3.  There are no orders for the CMB in the available records.  There is also no evidence of record which shows he was 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 that was engaged in active ground combat in Vietnam.  Therefore, there is insufficient evidence in which to base award of the CMB in this case.

4.  There are no orders for the CIB in the available records.  The evidence of record shows the applicant held and served in MOS 91R and he was assigned to the 4th Medical Detachment as a food inspection assistant during his assignment in Vietnam.  There is no evidence of record which shows he held and served in an infantry MOS or that he served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Vietnam.  Therefore, there is insufficient evidence in which to base award of the CIB 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)                                         AR20100000135



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ABCMR Record of Proceedings (cont)                                         AR20100000135



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