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ARMY | BCMR | CY2010 | 20100001178
Original file (20100001178.txt) Auto-classification: Denied

		

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100001178 


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 reconsideration of the Board's denial of his previous request for correction of 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 the Republic of Vietnam as a combat medic for more than 11 months and believes he is entitled to the Combat Medical Badge.  He describes how the compound came under enemy fire, some of the damage the compound incurred, and his involvement with caring for the wounded.

3.  The applicant provides a copy of his DD Form 256A (Honorable Discharge), DA Form 1811 (Physical and Mental Status on Release from Active Service), and a self-authored letter detailing the circumstances surrounding an attack on the compound.

CONSIDERATION OF EVIDENCE:

1.  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 AR20090004799 on 30 July 2009.

2.  The documents provided by the applicant are new evidence which require that the Board reconsider his request.

3.  The applicant's records show he served in the Republic of Vietnam from 26 January 1968 to 19 January 1969.  He was assigned to Headquarters and Company A and Company B of the 25th Medical Battalion, 25th Infantry Division (Light), during this time.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he performed duties of light truck driver and ambulance driver.

4.  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, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Driver's Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Combat Medical Badge.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Medical Badge.

6.  There are no orders in the applicant's records that show he was awarded the Combat Medical Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides 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.  This regulation also stated special provisions for award of the Combat Medical Badge during the Vietnam conflict.  These provisions permitted award of the Combat Medical Badge to Soldiers assigned as a member of a U.S. Army infantry unit of brigade or smaller size, including special forces detachments, serving with 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 describes his experience in a combat environment in Vietnam to include caring for wounded Soldiers and contends that he is entitled to award of the Combat Medical Badge.

2.  By regulation, in order to support award of the Combat Medical Badge, in addition to evidence that the medical personnel were assigned or attached to an authorized unit, the Soldier must have been personally present and have satisfactorily performed medical duties while the combat arms unit was engaged in active ground combat.  There is no evidence in the available records and he did not provide sufficient evidence to corroborate that he personally performed medical duties while assigned to an infantry unit while that unit was 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.  Therefore, regrettably, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Medical Badge.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

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 to amend the decision of the ABCMR set forth in Docket Number AR20090004799, dated 30 July 2009.



      ___________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)                                         AR20100001178



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100001178

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