IN THE CASE OF:	  

		BOARD DATE:	    19 October 2010

		DOCKET NUMBER:  AR20100011604 


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 (Report of Transfer or Discharge) to show award of the Combat Medical Badge.

2.  The applicant states:

* His military occupational specialty (MOS) was 91B2O (medical specialist)
* He served in Vietnam as a combat medic
* His DD Form 214 does not show the Combat Medical Badge 

3.  The applicant provides a copy of his DD Form 214 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 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 on 
26 September 1968.  He was awarded MOS 91A (medical corpsman) and later MOS 91B.  He arrived in Vietnam on 14 March 1969.  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 91A while assigned to Headquarters and Headquarters Company, 2nd Battalion, 7th Cavalry of the 1st Air Cavalry Division in Vietnam from 19 March 1969 until he was wounded in action on 5 May 1969 and transferred to the United States on 13 May 1969 for further medical treatment.  On 7 November 1970, the applicant was discharged under honorable conditions for expiration term of service and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Silver Star, and Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 11578, dated 22 September 1969, show the applicant received the Silver Star for gallantry in action on 5 May 1969 in Vietnam.  The citation for this award states, in pertinent part, "while serving as a medic with Company C, 2nd Battalion (Airmobile), 7th Cavalry during a search and clear mission."

5.  There are no orders for the Combat Medical Badge in the available records.

6.  Records show the applicant participated in one campaign during his assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 7th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order (DAGO) Number 11, dated 1973.  

8.  Department of the Army Pamphlet 672-3 also shows the 2nd Battalion, 7th Cavalry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 42, dated 1972.  

9.  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.  

10.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam 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 more.  Individuals who had 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 Vietnam Campaign Medal.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.
 
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held and served in a medical MOS and he was assigned to Company C, 2nd Battalion (Airmobile), 7th Cavalry during his assignment in Vietnam.  In addition, he was wounded in action and he was awarded the Silver Star for gallantry in action on 5 May 1969 in Vietnam.  The citation for this award shows he was performing duties as a medic in the field at the time.   This is sufficient evidence on which to base award of the Combat Medical Badge in this case.

2.  The applicant is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) because he qualified for award of the Vietnam Service Medal and was evacuated prior to completing 6 months of service due to wounds resulting from hostile action.

3.  The applicant participated in one campaign during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected accordingly.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.


BOARD VOTE:

__X____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 Combat Medical Badge; and

	b.  adding the Combat Medical Badge, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one bronze service star for wear on his already-awarded Vietnam Service Medal in item 24 on his DD Form 214.  




      _________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)                                         AR20100011604



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011604



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1