IN THE CASE OF:	  

		BOARD DATE:	    21 April 2011

		DOCKET NUMBER:  AR20100025077 


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 the Bronze Star Medal, Air Medal, and the Combat Medical Badge be added to his DD Form 214 (Report of Transfer or Discharge).  

2.  The applicant states that he was authorized awards that are not shown on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, award certificates for the Bronze Star Medal and Air Medal, orders showing his military occupational specialty (MOS) as 91B2O (Medical Specialist), and a 1st Cavalry Division "Vietnam Combat Certificate."

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 on 18 March 1968.  During training he qualified as a sharpshooter with the M-14 rifle and as an expert with the M-16 rifle.  Upon completion he was awarded MOS 91B.

3.  Following training he served in Vietnam from 3 September 1968 to 2 September 1969 with medical units of the 1st Cavalry Division.  He was with C Company, 15th Medical Battalion from 9 September to 13 October 1969 and with Headquarters and Headquarters Company, 2nd Battalion, 12th Cavalry from 13 October 1968 to 26 August 1969. 

4.  He was awarded personal decorations by 1st Cavalry Division General Orders as follows:

   a.  Number 6789 of 31 May 1969 – the Silver Star for gallantry in action while serving on a search and clear mission with A Company, 2nd Battalion, 12th Cavalry;
   
   b.  Number 10380 of 25 August 1969 – the Air Medal for meritorious achievement between September 1968 and August 1969; and 
   
   c.   Number 10726 of 2 September 1969 – the Bronze Star Medal for meritorious service from June 1968 to June 1969.

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were exclusively "excellent" throughout his period of active duty service.

6.  His DD Form 214 shows that he was separated from active duty as a specialist five (E-5) on 17 March 1970 and transferred to the U.S. Army Reserve.  His awards are shown as the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal with Device "1960," Silver Star, and the Vietnamese Unit Citation.

7.  It appears that the applicant may be eligible for other awards as follows:

   a.  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 an infantry unit of brigade, regimental, or smaller size or 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.  Paragraph 2-13 of the regulation contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B and the date of the applicant's Vietnam service indicate that he participated in the following campaigns:  Vietnam Counteroffensive Phase V, 1 July - 1 November 1968; Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69/Counteroffensive, 23 February - 8 June 1969; Vietnam Summer - Fall 1969, 9 June - 31 October 1969.

   c.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.
   
   d.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that, during the time of the applicant's assignment, the 2nd Battalion, 12th Cavalry Regiment was cited for award of the Valorous Unit Award for the period 7-11 March 1969 by Department of the Army General Orders (DAGO) Number 5 of 1973, Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 – 9 May 1969 by DAGO Number 59 OF 1969 and the period May 1969 – February 1970 by DAGO Number 11 of 1973, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 – 1 February 1970 by DAGO Number 42 of 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was authorized awards that are not shown on his DD Form 214.

2.  He was awarded the Bronze Star Medal and the Air Medal that are not shown on his DD Form 214.

3.  The citation for his Silver Star shows that the applicant actively participated as combat medic while assigned to a qualifying position with an infantry company.  He should be awarded the Combat Medical Badge.

4.  The applicant distinguished himself during a qualifying period of active duty service of more than one year as demonstrated by his exclusively "excellent" conduct and efficiency ratings his promotion to pay grade E-5, and his personal decorations.  It is reasonable to presume that failure to award him the Good Conduct Medal was an administrative oversight rather that an intentional decision.  He should be awarded the Good Conduct Medal.

5.  He served in Vietnam during four designated campaign periods and is authorized to wear four bronze service stars on the Vietnam Service Medal.

6.  The applicant was assigned to a unit that was awarded the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  The applicant was awarded the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar.

8.  All of the applicant's awards should be shown correctly on his DD Form 214.

BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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; 

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
18 March 1968 through 17 March 1970;

	c.  deleting the awards presently shown on his DD Form 214; and 
   d.  showing on his DD Form 214 that his authorized awards consist of the Silver Star, Bronze Star Medal, Air Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Medical Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.




      ___________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)                                         AR20100025077





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ABCMR Record of Proceedings (cont)                                         AR20100025077



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