IN THE CASE OF:	  

		BOARD DATE:	    25 January 2011

		DOCKET NUMBER:  AR20100017298 


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 to show he was awarded the Army Commendation Medal (ARCOM), Combat Medical Badge (CMB), and any other awards to which he is entitled.

2.  The applicant states he was awarded the ARCOM on 2 December 1966 and should have been awarded the CMB.

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

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 29 June 1965.  After completing initial entry training, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman).

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the following awards:

* Good Conduct Medal (1st Award) 
* Marksman Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned for duty in Vietnam with Headquarters and Headquarters Battery (HHB), 5th Howitzer Battalion, 27th Artillery, 1st Brigade, 101st Airborne Division, from on or about 24 December 1965 to on or about 6 December 1966.  He was assigned in MOS 91B (Medical Noncommissioned Officer) with principal duty as a battery aidman.

5.  General Orders Number 523 issued by Headquarters, I Field Force Vietnam, on 1 December 1966 announced award of the ARCOM to the applicant for meritorious service from December 1965 to December 1966.  The orders show he was assigned to HHB, 5th Battalion, 27th Artillery.

6.  The record is void of documentation showing he was awarded the CMB.

7.  Army Regulation 600-8-22 (Military Awards) states the CMB 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.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The applicant's service in Vietnam coincides with three campaigns:  Vietnam Defense Campaign, Vietnamese Counteroffensive, and Vietnamese Counteroffensive Phase I.

10.  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 5th Battalion, 27th Artillery, was cited for the following awards during the applicant's period of assignment:

* Valorous Unit Award (VUA) for the period 17 January 1966 to 25 March 1966 by Department of the Army General Orders (DAGO) Number 1, dated 1969, as amended by DAGO Number 17, dated 1968
* Meritorious Unit Commendation (MUC) for the period  29 July 1965 to 1 October 1966 by DAGO Number 1, dated 1969, as amended by DAGO Number 17, dated 1968
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 71 by DAGO Number 54, dated 1974

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 24 to enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of his DD Form 214 to show he was awarded the ARCOM and other awards.

2.  The evidence of record does not support his request for correction of his record to show he was awarded the CMB.

3.  The CMB is awarded to medical department Soldiers who are assigned or attached to infantry units.  The evidence of record shows the applicant was assigned to an artillery unit during his service in Vietnam; therefore, he was not eligible for award of the CMB and he is not entitled to correction of his record to show this award.

4.  General orders announced award of the ARCOM to the applicant.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The applicant was awarded the VSM.  His records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of three bronze service stars for wear on the previously-awarded VSM.

6.  General orders confirm the applicant's unit was awarded the VUA, MUC, and RVN Gallantry Cross with Palm Unit Citation.  These awards are not shown on his records.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  The applicant was credited with 12 months of service in Vietnam.  Therefore, he is entitled to correction of his record to show two overseas service bars.

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 "Vietnam Service Medal" and "one (1) Overseas Bar" from item 24 of his DD Form 214 and

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

* ARCOM
* VSM with three bronze service stars
* VUA
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* two overseas service bars

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 the CMB.



      __________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)                                         AR20100017298



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ABCMR Record of Proceedings (cont)                                         AR20100017298



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