BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100017259
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 his award of the Combat Medical Badge (CMB) be added to his records.
2. The applicant states that he was awarded the CMB twice while in Vietnam; however, they were omitted from his records and he now needs the CMB entered on his records in order to receive the treatment he needs for post-traumatic stress disorder (PTSD).
3. The applicant provides some newspaper articles, a letter he claims he sent home, and four copies of photographs.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army in Cleveland, OH for a period of 3 years on 20 November 1967. He completed his basic training at Fort Knox, KY and his advanced individual training at Fort Sam Houston, TX. He was transferred to White Sands Missile Range, NM for his first duty assignment as a medical specialist. He was advanced to the pay grade of E-4 on 27 November 1968.
3. On 26 February 1969 he was transferred to Vietnam for assignment to the
1st Battalion, 35th Infantry Regiment, 4th Infantry Division.
4. On 24 April 1969 the applicant was issued a permanent profile which restricted him to duty at base camp (no field duty) and indicated that he was medically qualified for limited duty. He was diagnosed with asthma and the assignment restriction directed that he be assigned to a cool, non-dusty area.
He was promoted to the pay grade of E-5 on 17 November 1969.
5. He departed Vietnam on 23 February 1970 and he was transferred to Fort Sill, OK where he remained until 7 September 1970 when he was honorably released from active duty (REFRAD) to attend school. He served 2 years, 10 months, and 19 days of total active service. His DD Form 214 issued at the time of his REFRAD reflects he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, two overseas service bars, and the Sharpshooter Marksmanship Qualification Badge.
6. A review of the applicants records failed to show any indication that the applicant was awarded the CMB during his 11 months and 27 days of service in Vietnam. It is also noted that the applicant audited his records on 7 May 1970 while at Fort Sill.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 and the Soldier must have been personally present and under fire during such ground combat.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded the CMB is not in question, the applicant has failed to show through the evidence submitted with his application and the evidence of record any orders to substantiate his contention.
2. Additionally, there in no evidence to show that he served as a medic with an infantry ground combat unit during combat while serving in Vietnam. Therefore, absent such evidence, there is insufficient evidence with which to add the CMB to his DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x___ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20100017259
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ABCMR Record of Proceedings (cont) AR20100017259
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