IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100019409 


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 that he be awarded the Combat Medical Badge (CMB) and two Bronze Star Medals (BSM).

2.  The applicant states he spent about 7 months in the jungles of Vietnam and was shot at and he fired back.  He further states he pulled his share of guard duty, he mended quite a few Soldiers, and he saved two Soldiers' lives.

3.  The applicant provides a copy of his Department of Veterans Affairs Veterans Information File which includes his claim for post-traumatic stress disorder and recounts his experiences in Vietnam.

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 in El Paso, Texas, on 4 August 1969.  He completed basic training at Fort Bliss, Texas, and advanced individual training as a medical specialist at Fort Sam Houston, Texas, before being transferred to Vietnam on 12 January 1970 for assignment to the 37th Medical Company, 11th Armored Cavalry Regiment (ACR), as a litter bearer.

3.  On 5 June 1970, he was assigned to Headquarters and Headquarters Troop, 1st Squadron, 11th ACR, for duty as a medical aidman.  He was promoted to pay grade E-5 on 14 January 1971.

4.  He departed Vietnam on 10 February 1971 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 11 February 1971 as an overseas returnee.  He completed 1 year, 6 months, and 8 days of total active service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.

5.  A review of the applicant's official records failed to show he was awarded the CMB or the BSM.  Additionally, a review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the BSM.

6.  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.

7.  Effective 16 January 1991, the CMB is also authorized for medical personnel assigned or attached to armor and ground cavalry units of brigade or smaller size who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire.  Retroactive awards under these criteria are not authorized prior to 16 January 1991.

8.  Army Regulation 600-8-22 states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's contentions are not in doubt, he failed to show through the evidence submitted with his application and the evidence of record that he was awarded or is entitled to be awarded the CMB and two BSM's.

2.  It also appears that while the applicant was assigned to a unit that participated in combat, the unit was an armored cavalry unit and at that time medics in such units were not authorized award of the CMB.

3.  In the absence of sufficient evidence to show otherwise, there appears to be no basis to grant his request.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant failed to submit evidence that would satisfy this requirement.

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 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 this action in no way diminishes the sacrifices made by him 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)                                         AR20100019409



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ABCMR Record of Proceedings (cont)                                         AR20100019409



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