IN THE CASE OF:	  

		BOARD DATE:	    3 February 2011

		DOCKET NUMBER:  AR20100020793 


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, in effect, award of the Combat Medical Badge.

2.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Combat Medical Badge.  He received the Air Medal and Bronze Star Medal for participating in ground operations against hostile forces and believes someone just forgot to recommend him for the Combat Medical Badge.  He filed a claim for post-traumatic stress disorder and feels his DD Form 214 should show he earned the Combat Medical Badge in combat.

3.  The applicant provides his DD Form 214.

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's records show he enlisted in the Regular Army on 1 April 1970 and held military occupational specialty (MOS) 91B (Medical Specialist).  He served in Vietnam from on or about 3 June 1971 to 20 March 1972 while assigned to Headquarters and Headquarters Company, 3rd Battalion, 21st Infantry.

3.  Headquarters, 196th Infantry Brigade, General Orders (GO) Number 00205, dated 16 December 1971, awarded him the Bronze Star Medal for meritorious service in Vietnam in connection with military operations against a hostile force for the period 3 January [sic] 1971-2 January 1972 

4.  Headquarters, 196th Infantry Brigade, GO Number 01114, dated 3 March 1972, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam for the period 29 July 1971-20 February 1972.

5.  He was honorably released from active duty on 30 March 1973 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Army Good Conduct Medal (1st Award), Bronze Star Medal, Air Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  His records do not contain orders awarding him the Combat Medical Badge.

8.  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.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase VII, 1 July 1970-30 June 1971
* Consolidation I, 1 July 1971-30 November 1971
* Consolidation II, 1 December 1971-29 March 1972

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 3rd Battalion, 21st Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971-9 October 1971 by Department of the Army GO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held a medical MOS and was assigned to the medical platoon of an infantry battalion in Vietnam.  During his Vietnam service, he was awarded the Air Medal for meritorious achievement from July 1971 to February 1972.  The award of the Air Medal would have required him to participate in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.

2.  Any reasonable doubt regarding his eligibility for the Combat Medical Badge should be ruled in his favor.  Therefore, it would be appropriate to award him the Combat Medical Badge and correct his records to show this badge.

3.  He participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to one additional bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show three bronze service stars.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

___X____  __X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 Combat Medical Badge for service in Vietnam;

	b.  deleting the Vietnam Service Medal with two bronze service stars from item 24 of his DD Form 214; and

	c.  adding the Vietnam Service Medal with three bronze service stars, Combat Medical Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.



      __________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)                                         AR20100020793



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ABCMR Record of Proceedings (cont)                                         AR20100020793



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