IN THE CASE OF:
BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100016711
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 award of the Combat Infantryman Badge and Combat Medical Badge.
2. The applicant states he believes he is entitled to these awards and they were never issued to him.
3. The applicant provides no additional evidence.
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 active duty military records show the following:
a. he was inducted into the Army of the United States on 20 September 1966;
b. he was awarded military occupational specialty (MOS) 91A (Medical Corpsman);
c. he was awarded the Vietnam Service Medal and the National Defense Service Medal;
d. he served a tour in the Republic of Vietnam from 21 December 1967 to
21 July 1968;
e. he served as a Troop Aidman while assigned to Headquarters and Headquarters Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division and on
20 May 1968, was a patient in the Medical Hold Detachment, 106th General Hospital, during his tour in the Republic of Vietnam;
f. his Report of Medical History, dated 15 July 1968, shows he suffered from a stomach virus in the Republic of Vietnam; and
g. he was released from active duty on 27 July 1968 in the rank of specialist five (temporary)/pay grade E-5.
3. Army Regulation 600-8-22 (Military Awards) provides that:
a. the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size; and
b. 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.
4. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and Combat Medical Badge.
2. There are no available special orders awarding him the Combat Infantryman Badge or the Combat Medical Badge.
3. The evidence of record shows he served as a medical specialist and he was assigned to a cavalry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. However, there is no evidence of record and the applicant did not provide any evidence that shows he was present and performed as a medical specialist when the unit was engaged in active ground combat. Therefore, he is not authorized award of the Combat Medical Badge.
4. There is also no evidence that he held an infantry MOS and participated in active ground combat with his unit while performing as an infantryman. Therefore, he is not eligible for award of the Combat Infantryman 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) AR20100016711
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100016711
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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