IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100010106 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Combat Infantryman Badge (CIB) and the Combat Medical Badge (CMB).

2.  The applicant states his military occupational specialty (MOS) was a 91A (Medic) and he served in combat as a medic.

3.  The applicant provides a copy of his DD Form 214 for the period ending
15 October 1968 and a DD Form 215 (Correction to DD Form 214), dated
2 February 2009.

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 military records show he was inducted into the Army of the United States on 25 October 1966.  After completion of basic and advanced individual training he was awarded MOS 91A.  The applicant was honorably released from active duty on 15 October 1968 by reason of overseas returnee.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 3 December 1967 to 11 October 1968.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 3rd Battalion (Airborne), 187th Infantry, in duty MOS 91A with a principal duty title of radio telephone operator.  Effective 25 June 1968, his principal duty title changed to company aidman in duty MOS 91B.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as amended by a DD Form 215, shows the Purple Heart, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Vietnam Campaign Medal with Device (1960), Parachutist Badge, Republic of Vietnam Gallantry Cross with Palm unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation Badge, Presidential Unit Citation, Meritorious Unit Commendation, Valorous Unit Award, and the Marksman Qualification Badge with Rifle Bar.  

5.  General Orders Number 9728, issued by Headquarters, 101st Airborne Division, dated 21 November 1968, and accompanying certificate contained in the applicant's record verifies that he was awarded the Purple Heart for wounds received in action in the RVN on 14 March 1968.

6.  Item 38 of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There are no records of nonjudicial punishments under Article 15, Uniform Code of Military Justice and no record of courts-martial or any other type of adverse action.  Additionally, there is no record of a commander's disqualification for the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

8.  Army Regulation 600-8-22 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.

9.  A review of the applicant's DD Form 214 indicates he is entitled to an additional award that is not shown on this form.

10.  Army Regulation 672-5-1 (Military Awards) provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show that the applicant should be awarded the CIB.  There is no evidence that the applicant held an infantry MOS, which is required by regulation for award of the CIB.  In view of this fact, there is an insufficient basis for award of the CIB.

2.  Evidence of record shows the applicant was assigned as a 91A/91B with Headquarters and Headquarters Company, 3rd Battalion (Airborne), 187th Infantry while assigned in the RVN.  His award of the Purple Heart verifies his engagement in ground combat.  Although his wounding occurred during the period he was performing duties as a radio telephone operator, it is reasonable to assume that he also participated in ground combat while performing medic duties in the same unit.  Therefore, in the interest of equity, it would be appropriate to award the applicant the CMB and correct his DD Form 214 to show this award.

3.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings throughout his service, he had no adverse actions, and there is no record of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to first award of the Army Good Conduct Medal for the period 25 October 1966 through 15 October 1968 and correction of his DD Form 214 to show this award.



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 was 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:

   a.  awarding him the Army Good Conduct Medal (first award) for the period
25 October 1966 through 15 October 1968; and

   b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award) and the Combat Medical Badge.

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 the award of the Combat Infantryman Badge.



      __________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)                                         AR20100010106



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ABCMR Record of Proceedings (cont)                                         AR20100010106



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