IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100009645 


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 award of the Combat Medical Badge (CMB) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1981 to show award of the Legion of Merit (LOM).

2.  He states that while assigned to Company B, 326th Medical Battalion, serving in the Republic of Vietnam during the entire year of 1969, he performed missions which required him and another medic to be transported via helicopter to predetermined remote locations and rendezvous with an infantry platoon.  He attests that he and the other medic would provide medical aid to the villagers while the infantry platoon searched for the enemy, many times while under fire.  He further states that as a dedicated and professional Soldier, he was more concerned with his daily duties.  However, now that he is 76 years old and looking back over his service, he feels that he should be given consideration for the things he accomplished.  He previously requested relief from the Military Awards Branch of the U.S. Army Human Resources Command (HRC), but was denied.

3.  He further states that although he was awarded the LOM in conjunction with his retirement, it is not annotated on his DD Form 214.

4.  He provides copies of:

* a self-authored statement
* a 101st Airborne Division (Air Mobile) Operational Report of Lessons Learned
* a citation, general orders, and certificate for a Bronze Star Medal (BSM)
* his retirement orders
* his DD Form 214 for the period ending 31 July 1981
* a memorandum, permanent orders, and certificate for LOM
* two requests for relief and subsequent denials from the Military Awards Branch of HRC

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 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.  His record shows he enlisted in the Regular Army on 27 March 1951 and served through a series of reenlistments which ultimately culminated in his retirement on 31 July 1981.  At the time of his retirement he held the rank/grade of sergeant major/E-9.

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) and item 30 (Remarks) of his DD Form 214 for the period ending 20 August 1970 show he served in the Republic of Vietnam from 14 January 1969 to 13 January 1970.

4.  Item 38 (Record of Assignments) of his DA Form 2-1 shows that during his tour of duty in the Republic of Vietnam he served in military occupational specialty (MOS) 91B4O (Medical Specialist) performing platoon sergeant duties and MOS 91Z (Senior Medical Sergeant) performing first sergeant duties while assigned to Company B, 326th Medical Battalion.

5.  He provides a 101st Airborne Division (Air Mobile) Operational Report of Lessons Learned for the period 1 August 1969 through 31 October 1969, dated 19 November 1969.  This report shows his unit, Company B, 326th Medical Battalion, was under the operational control of 2nd Brigade, 101st Airborne Division (Air Mobile), during this period of time.  It also provides a general summary of the operations conducted by the division during this period, but does not specifically mention any accomplishments of the applicant or his unit of assignment.

6.  He provides copies of a citation, general orders, and a certificate showing he was awarded the BSM for distinguishing himself by outstanding meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period 1 February 1969 to 30 November 1969.  The BSM is properly shown in his records and on his DD Forms 214.

7.  His available personnel service records and his DD Forms 214 are void of any evidence and he has not provided any evidence showing he was awarded the CMB.

8.  A review of his available personnel service records failed to reveal any evidence and he did not provide any evidence showing he ever performed the duties of a medical specialist in active ground combat while 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 was engaged in active ground combat and that he was personally present and under fire during such ground combat.  Additionally, there is no evidence showing he was ever awarded or recommended for award of the CMB.

9.  His available personnel service records and his DD Form 214 for the period ending 31 July 1981 do not show award of the LOM.

10.  He provides copies of a memorandum, permanent orders, and a certificate showing he was awarded the LOM upon the occasion of his retirement for exceptionally meritorious conduct in the performance of outstanding service during his career.

11.  He provides copies of two requests for relief and subsequent denials from the Military Awards Branch of HRC.  The Chief of the Military Awards Branch clearly stated that the basis for the denial of his request was the fact that there was no evidence demonstrating he was personally present and performing medical duties under fire while assigned or attached to an infantry unit of brigade, regimental, or smaller size which was engaged in active ground combat.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he should be awarded the CMB and his DD Form 214 for the period ending 31 July 1981 should be corrected to show award of the LOM were carefully considered and determined to have partial merit.

2.  Permanent orders awarded him the LOM for meritorious service.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 July 1981 to show this award.

3.  There is no evidence showing he was ever awarded or recommended for award of the CMB.

4.  By regulation, in order to support award of the CMB, there must not only be evidence that a member served in a medical MOS in an infantry unit, but also that he was personally present and performing medical duties with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The applicant's record is void of any evidence and he failed to provide evidence that fulfills this requirement.  Accordingly, he is not entitled to award of the CMB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the LOM to item 13 of his DD Form 214 for the period ending 31 July 1981.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the CMB.



      _______ _ 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)                                         AR20100009645



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ABCMR Record of Proceedings (cont)                                         AR20100009645



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