IN THE CASE OF:	  

		BOARD DATE:	    26 August 2010

		DOCKET NUMBER:  AR20100008561 


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.  He states he served in the Republic of Vietnam from December 1967 to November 1968 as a medic on Hill 29 (Hawk Hill).  He believes he should have been awarded the Combat Medical Badge.  He was assigned to Headquarters, but was never in Headquarters.  He spent most of his time on Hill 29 and in the field.  He is enclosing letters from an officer he served with as proof he was in a combat zone and performed the duties of a combat medic.  While he was in the Army, the Troop Surgeon, 1st Squadron, 1st Armored Cavalry, put him in for the Combat Medical Badge, but he was told they were not infantry.  

3.  He provides copies of the following documents:

* Page 3 of his DA Form 20 (Enlisted Qualification Record)
* His DD Form 214 and DD Form 215 (Correction to DD Form 214)
* Letters from the Troop Surgeon and Medical Platoon Leader, 1st Squadron, 1st Armored Cavalry
* A letter from the medic he replaced and his Combat Medical Badge Orders
* The Author Page from his book


* Maps of major battles for the 1st Squadron, 1st Armored Cavalry, in Quang Tin Province, Vietnam

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 records show he enlisted in the Regular Army in pay grade 
E-1 on 8 June 1966, for 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 91C, Clinical Specialist. 

3.  He served in Vietnam from 5 December 1967 through 27 November 1968, during 5 campaigns.  He was assigned to Company C, 25th Medical Battalion, from 11 December 1967 to 5 January 1968; Headquarters and Company A, 23rd Medical Battalion, from 6 January to 5 June 1968; Headquarters and Headquarters Company, 1st Battalion, 46th Infantry, 198th Infantry Brigade from 6 to 23 June 1968; and Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, from 24 June to 26 November 1968.

4.  General Orders Number 8731, dated 15 November 1968, show he was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, from December 1967 – November 1968.

5.  He was honorably released from active duty in pay grade E-5 on 6 June 1969, at the expiration of his term of service, and was transferred to the U.S. Army Reserve Control Group (Annual Training).



6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Combat Medical Badge.  On 21 May 2008, he was issued a DD Form 215 adding the Army Commendation Medal to Item 24 of his DD Form 214.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Combat Medical Badge.  There are no orders in his service personnel records that show he was awarded the Combat Medical Badge.  

8.  A search of the Awards and Decorations Computer-Assisted Retrieval System was conducted.  This review failed to show that any orders were published awarding him the Combat Medical Badge during his service in Vietnam.

9.  The applicant provided a copy of a letter, dated 9 June 2008, wherein the former Troop Surgeon, 1st Squadron, 1st Armored Cavalry, indicated the applicant contacted him because he did not receive the Combat Medical Badge in spite of being a medic in support of infantry operations while a member of the 1st Squadron, 1st Armored Cavalry.  He also stated that during the period from June 1968 through November 1968, the applicant was a medic in his medical platoon.  He kept a daily journal and on review he found 32 entries (enclosed) mentioning the applicant which included notations that the applicant was one of their best medics and their saving grace on Hill 29.  The applicant had to deal with the death and horrific injuries of comrades, enemies, and civilians.  He did not specify the applicant was personally present and participated in active ground combat.

10.  He also provided a copy of a letter, dated 14 January 2010 wherein the former medical platoon leader, 1st Squadron, 1st Armored Cavalry, stated the applicant served as a medic in the medical platoon.  He remembered one evening, Company C came under a small mortar attack and within 15 seconds they had 2 killed in action and about 13 wounded.  He remembered the applicant working in the open treating wounded with total disregard for his own life.  The applicant was sent out to the field whenever they needed an extra body.  As he remembers to qualify for the Combat Medical Badge one had to go to the field and treat the wounded under fire.  He never went to the field with the applicant, but he knows every time he went to the field the unit came under fire.  He did not specify the applicant was personally present and participated in active ground combat.

11.  He further provided a copy of a letter, dated 22 February 2010 wherein a former member of Headquarters and Headquarters Troop, Medical Platoon, 1st Squadron, 1st Armored Cavalry Regiment, stated he served as a 91C and all 

members of the medical platoon were awarded the Combat Medical Badge for providing support in Vietnam.  The former member included a copy of his orders, dated 25 February 1968, showing award of the Combat Medical Badge.  He did not specify the applicant was personally present and participated in active ground combat.

12.  Army Regulation 600-8-22 (Military Awards) states 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 he should be awarded the Combat Medical Badge.

2.  The applicant's medical MOS and service in the Republic of Vietnam are not in question.  Additionally, his sincerity regarding participation and/or performance of combat medic duties are also not in question.  However, the available evidence, including the statements he submitted, show he was assigned to a cavalry unit.  There is insufficient evidence to show he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which engaged in active ground combat.  

3.  In the absence of additional evidence that conclusively shows he was personally present while his infantry unit was in contact with the enemy.  Therefore, there is insufficient evidence to base award of the Combat Medical Badge 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)                                         AR20100008561



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ABCMR Record of Proceedings (cont)                                         AR20100008561



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