IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100009656
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, in effect, 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 for his service in the Republic of Vietnam. He also requests that his service at Fort Meade, MD, after his discharge, be added to his record.
2. The applicant states he was notified after his discharge that he had been awarded the Combat Medical Badge.
3. The applicant provided no additional documents in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 21 October 1966, the applicant was appointed as a U.S. Army Reserve (USAR) captain in the Dental Corps, with concurrent orders to active duty at Fort Sill, OK.
3. On 2 December 1967, the applicant departed Fort Sill for duty in the Republic of Vietnam.
4. While in the Republic of Vietnam the applicant served with the following units as a dental officer:
a. 11 December 1967 to 1 May 1968 with B Company, 1st Medical Battalion, Ist Infantry Division; and
b. 3 May to 3 August 1968 with the 437th Medical Detachment.
5. The DA Form 67-6 (U.S. Army Officer Efficiency Report (OER)) provided by the applicant reports that the applicant served as a dental officer and he was "engaged in counterinsurgency operations in Vietnam" while assigned with the 1st Medical Battalion. The report does not state that he served in actual combat.
6. On 4 August 1968, the applicant returned to the United States.
7. On 13 August 1968, the applicant was released from active duty and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. He had completed 1 year, 9 months, and 23 days of creditable active service.
8. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Medical Badge.
9. No military personnel records pertaining to the applicant's service after
13 August 1968 are available for review.
10. 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.
11. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was awarded the Combat Medical Badge and that it should be shown on his DD Form 214. He also contends that his service at Fort Meade after his discharge should also be recorded.
2. The evidence of record shows the applicant was a Dental Corps officer and that he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. However, there is no evidence of record and the applicant did not provide any evidence that shows he was personally present and under fire during ground combat with his unit. Therefore, there is no basis for granting his request.
3. Records of any military service after 13 August 1968 are not available for review. Furthermore, any such service would not qualify for entry on his DD Form 214 for the period ending 13 August 1968. Accordingly, his request to show any service that he might have performed at Fort Meade or elsewhere, after his release from active duty, should be denied.
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) AR20100009656
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ABCMR Record of Proceedings (cont) AR20100009656
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