IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017815 


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 military occupational specialty (MOS) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to 91B (Medical Specialist).  He also requests that he be awarded the Combat Medical Badge.

2.  The applicant states he was a combat medic for the 198th Infantry in 1969.  He states the MOS on his DD Form 214 does not show he was a combat medic. He states he was a conscientious objector, did not train with weapons, and was not issued a weapon.  He served in combat with the 198th Infantry but never received the Combat Medical Badge.

3.  The applicant provides copies of his:

* DD Form 214
* Department of Veterans Affairs (VA) Rating Decision, dated 12 May 2010

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 17 January 1968.  Item 14 (Conscientious Objector) of his DD Form 47 (Record of Induction) indicated he was classified a Class 1-A-O Conscientious Objector.  He completed basic combat training and advanced individual training and was awarded the MOS 91B.

3.  The applicant served in the Republic of Vietnam from 17 March 1969 to 
7 January 1969.  During this period he was assigned to:

* the 23rd Replacement Company as a student from 21 March to 28 March 1969
* Headquarters and Headquarters Company, 1st Battalion, 6th Infantry, 198th Infantry Brigade as an aidman from 29 March to 1 May 1969
* Headquarters and Company A, 23rd Medical Battalion as a dental assistant from 2 May 1969 to 6 January 1970

4.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded:

* the primary MOS 91B on 22 November 1968
* the secondary MOS 91E (Dental Specialist) on 23 August 1969

5.  On 10 January 1970, the applicant was released from active duty.  He had completed 1 year, 11 months, and 24 days of active service that was characterized as honorable.  Item 23a (Specialty Number & Title) of his DD Form 214 shows his primary MOS as 91E (Dental Specialist).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded the Combat Medical Badge.

6.  Department of Defense Instruction (DODI) 1300.06 defines a Class 1-A-O Conscientious Objector as a member who, by reason of conscientious
objection, sincerely objects to participation as a combatant in war in any form, but whose convictions are such as to permit military service in a non-combatant status.

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 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated that the primary MOS code number and title would be entered in item 23a of the individual's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his MOS on his DD Form 214 should be 91B and he should have been awarded the Combat Medical Badge.

2.  The applicant's DA Form 20 shows his primary MOS as 91B.  There is no evidence this MOS was withdrawn or changed to a secondary MOS.  Therefore, his primary MOS of 91B should be entered in item 23a of his DD Form 214.

3.  The applicant was assigned in the MOS 91B in the Headquarters and Headquarters Company of an infantry battalion.  However, there is no evidence the battalion was in contact with the enemy or that he was personally present and under fire during such ground combat.  Therefore, there is insufficient evidence in this case to award him the Combat Medical Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 correcting item 23a of his DD Form 214 with an effective date of 10 January 1970 to show his primary MOS as 91B (Medical Specialist).

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 the Combat Medical Badge.  



      _______ _   _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)                                         AR20100017815





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ABCMR Record of Proceedings (cont)                                         AR20100017815



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