BOARD DATE:	  9 February 2011

		DOCKET NUMBER:  AR20100018859 


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 Medical Badge and the Army Good Conduct Medal.

2.  The applicant states he served as a medical specialist with an infantry unit in the Republic of Vietnam, where he participated in numerous engagements with the enemy.  He further contends that he was recommended for award of the Army Good Conduct Medal, but never received it.

3.  The applicant provides copies of photographs and newspaper articles of events and locations in the Republic of Vietnam, promotion orders, a letter of appreciation, and a letter of commendation.

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.  On 4 April 1966, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).

3.  On or about 14 January 1967, the applicant was assigned to Headquarters and Headquarters Battery, 1st Battalion, 84th Artillery Regiment, 9th Infantry Division, Vietnam, for duty as a medical specialist.  He served with this unit until his return to the United States on 10 January 1968.

4.  On 10 January 1968, the applicant was released from active duty.  He attained the rank of specialist five/pay grade E-5 and had completed 1 year, 9 months, and 7 days of creditable active duty.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were "excellent" or "unknown."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show his commander took any action to deny him the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  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.

	b.  Appendix B shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that during the time of the applicant's assignment, the 84th Artillery Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders (DAGO) Number 31, dated 1969, and for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO Number 59, dated 1969.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Medical Badge and the Army Good Conduct Medal.

2.  The evidence clearly shows the applicant was a medical specialist and served in a combat theater.  However, he was not assigned to a medical unit that was of company or smaller size and was organic to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Therefore, his request for award of the Combat Medical Badge should be denied.

3.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five/pay grade E-5 and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving the Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal for the period 4 April 1966 to 10 January 1968.

4.  Records show the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these unit awards.

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 Army Good Conduct Medal for the period 4 April 1966 to 10 January 1968;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214;

	c.  adding the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214.



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 award of 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)                                         AR20100018859



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ABCMR Record of Proceedings (cont)                                         AR20100018859



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