BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015638 


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 award of the Bronze Star Medal and the Combat Medical Badge.

2.  The applicant states he honestly earned the Bronze Star Medal and the Combat Medical Badge during combat operations in the Republic of Vietnam because his commanding officer told him if he came out alive, he earned these two awards.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and related documents.

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 5 March 1970.  He completed his initial entry training and he was awarded military occupational specialty 91A (Medical Corpsman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 15 August 1970 to 22 October 1970.  He was assigned to Company C, 1st Brigade, 5th Infantry Division as a medical corpsman.

4.  General Order Number 203, published by Headquarters, 67th Evacuation Hospital, dated 17 October 1970, awarded the applicant the Purple Heart for wounds received in action on 12 October 1970.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Bronze Star Medal or the Combat Medical Badge.  His service personnel record also does not contain general orders announcing either award to the applicant.

6.  On 16 November 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his statutory military service obligation.  His DD Form 214 shows he completed 1 year, 8 months, and 2 days of active service.  Item 12c (Foreign and/or Sea Service) of this form shows he completed 2 months and 29 days of foreign service in U.S. Army - Vietnam (USARV).

7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Purple Heart
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M16 and M14)
* Army Good Conduct Medal

8.  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 by appropriate orders to an infantry unit of brigade, regimental, or smaller size or to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size that 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.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  U.S. Army Human Resources Command, Soldier Programs and Services Division, AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  Based on his medical MOS, his assignment to an infantry unit as a medical corpsman, and his award of the Purple Heart for wounds received in action on
12 October 1970, the applicant earned the Combat Medical Badge.  Therefore, it would be appropriate to award him the Combat Medical Badge and correct his DD Form 214 to show this award.

2.  General orders awarded Headquarters, USARV and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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.  awarding him the Combat Medical Badge for actions on 12 October 1970; and

	b.  adding to item 24 of his DD Form 214 the Combat Medical Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 awarding the applicant the Bronze Star Medal.



      __________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)                                         AR20100015638



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ABCMR Record of Proceedings (cont)                                         AR20100015638



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