IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100010164


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 consideration for award of the Combat Medical Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Vietnam Campaign Medal
* Driver and Mechanic Badge with Driver Bar
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states it was brought to his attention that he is missing these medals.  He states he went to Vietnam in May 1966 on a unit transfer as part of the 29th Civil Affairs Company.  He was part of a medical team consisting of two doctors and two enlisted Soldiers.  They were airlifted to the village of Di Loc where they established an aid station in an area controlled by the enemy.  They suffered frequent attacks from rocket and small arms fire.  After 1 week, the two doctors and the other enlisted Soldier went back to Da Nang and never returned, leaving him there alone.  He continued to do his job treating the locals until shortly before his expiration of term of service, at which time he hopped a ride on an Army truck to Da Nang.

3.  The applicant provides:

* his DD Form 214
* a two-page statement
* a letter of appreciation, dated 28 December 1965
* copies of his Standard Form 46 (U.S. Government Motor Vehicle Operator's Identification Card)

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 was inducted into the Army of the United States for 2 years on 3 September 1964.  He completed basic combat training at Fort Knox, KY.  On 9 November 1964, he was transferred to Fort Sam Houston, TX, for advanced individual training in military occupational specialty (MOS) 91S (Preventive Medicine Specialist).

3.  Upon completion of training in or about February 1965, he was reassigned to Fort Hood, TX, where he worked in his MOS while assigned to the U.S. Army Hospital.  In January 1966, he was transferred to Fort Gordon, GA, for assignment to the 29th Civil Affairs Company.

4.  The applicant was ordered to Vietnam with the 29th Civil Affairs Company.  He arrived in Vietnam on or about 16 May 1966.  On or about 25 August 1966, he departed Vietnam for Oakland Army Base, Oakland, CA.  He was separated from active duty on 25 August 1966.

5.  The applicant's DD Form 214 shows the following authorized awards:

* Vietnam Service Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  A DD Form 215 (Correction to DD Form 214) issued on 22 February 2010 shows his awards were corrected to add:

* two bronze service stars to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Navy Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  A letter to the applicant from the Military Awards Branch, U.S. Army Human Resources Command (USAHRC), Alexandria, VA, dated 12 February 2010, advised him that a thorough review of his records failed to reveal orders awarding him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar or the Driver and Mechanic Badge with Driver Bar.  It also informed him the 29th Civil Affairs Company was not awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  The USAHRC letter also advised the applicant that he was not eligible for the Combat Medical Badge based upon his particular service in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its armed forces.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

10.  Army Regulation 600-8-22 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.  This regulation also prescribed 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 to a Vietnamese unit engaged in actual ground combat or as a member of U.S. Army infantry unit of brigade or smaller size, including special forces detachments serving with the 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.

11.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  To receive the badge, an individual must:

* qualify for and possess a U.S. Government Motor Vehicle Operator's Identification Card
* occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or 8000 miles
* have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator's Qualification Record
* perform satisfactorily for a minimum of 1 year as an active qualified driver instructor or motor vehicle driver examiner

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests consideration for award of the Combat Medical Badge and correction of his DD Form 214 by adding:

* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Vietnam Campaign Medal
* Driver and Mechanic Badge with Driver Bar
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant's records only contain orders awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar; there are no orders awarding him the sharpshooter level badge for the pistol.

3.  The applicant served in Vietnam from on or about 16 May 1966 to on or about 22 August 1966, a period of 3 months and 10 days.  The applicant did not serve the requisite 6 months in Vietnam; therefore, he is not entitled to the Republic of Vietnam Campaign Medal.

4.  There are no orders in the applicant's records awarding him the Driver and Mechanic Badge with Driver Bar.  It is clear from his records that he was never an assigned duty driver.

5.  The 29th Civil Affairs Company was not awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, the applicant is not entitled to this foreign unit award or its addition to his DD Form 214.  The unit was awarded the Navy Unit Commendation during the applicant's tenure.  This unit award has already been added to his DD Form 214.

6.  The applicant possessed a medical MOS, but he served in Vietnam as a member of the 29th Civil Affairs Company.  It does not matter that he may have come under fire as a member of that unit; in order to be recommended for award of the Combat Medical Badge, he was required to be 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 was engaged in active ground combat.  This was not the case; therefore, he is not entitled to award of the Combat Medical Badge.

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)                                         AR20100010164



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ABCMR Record of Proceedings (cont)                                         AR20100010164



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