IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013782 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Medical Badge and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  He states he should be awarded the Combat Medical Badge by virtue of his service with the 25th Medical Battalion.  He was assigned to enter active combat areas to retrieve the dead and/or wounded.  He just became aware he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

3.  He provides:

* his DD Form 214
* a Debriefing Report [declassified], dated 1 April 1970
* a letter from the Department of Veterans Affairs (DVA), dated 20 March 2010
* an internet information sheet on the Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 records show he was inducted into the Army of the United States on 18 October 1967.  He completed training and he was awarded military occupational specialty 91A (Medical Corpsman).  He was awarded MOS 91B (Medical Specialist) on 20 August 1968.  He served in Vietnam from 15 March 1969 to 6 October 1968.  He was assigned to Company B, 25th Medical Battalion, 25th Infantry Division.

3.  He was honorably released from active duty in pay grade E-4 on 11 October 1969, as an overseas returnee, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic Vietnam Campaign Medal with Device (1960), and the Army Good Conduct Medal.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Medical Badge.  However, in addition to the awards shown on his DD Form 214, item 41 also shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

6.  He provided a declassified Debriefing Report, dated 1 April 1970, which summarized the mission of the 25th Infantry Division from 15 September 1969 through 2 April 1970 in Vietnam.  He also provided a letter, dated 30 March 2010, from the DVA, wherein he was advised of his eligibility for DVA health care benefits and his exposure to Agent Orange.

7.  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.

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the:

* Meritorious Unit Commendation for the period 1 September 1969 - 
30 September 1970 by Department of the Army General Orders (DAGO) Number 50, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 September 1968 - 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 August 1967 - 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

2.  The evidence of record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this weapon qualification badge.
4.  With respect to the Combat Medical Badge, his medical MOS and service in Vietnam with a medical battalion are not in question.  However, the evidence does not show, as a member of the 25th Medical Battalion, he was personally present and participated in active ground combat while attached to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat.  In the absence of additional evidence that conclusively shows he was assigned or attached to an infantry unit and was personally present while his infantry unit was in contact with the enemy, there is insufficient evidence to base award of the Combat Medical Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation








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 Combat Medical Badge and its addition to 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)                                         AR20100013782



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ABCMR Record of Proceedings (cont)                                         AR20100013782


   
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