IN THE CASE OF:
BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100026975
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 award of the Combat Medical Badge (CMB) and a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to verify he qualified for the award.
2. He states he served with the 1st Cavalry Division in the field as a medic in Vietnam. Orders were not submitted for the CMB during his military service. The award may qualify him for benefits not otherwise available.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 5 December 1963. He completed the Medical Corpsman Course and was awarded military occupational specialty (MOS) 910.0 (Medical Corpsman). He later served in MOS 911.1 (Medical Specialist) and MOS 91B (Medical Noncommissioned Officer).
3. Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was assigned for duty in Vietnam with Headquarters and Headquarters Company (HHC), 2d Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile), from 17 September to 17 November 1965.
4. His record is void of documentation showing he was awarded the CMB or that he served in active ground combat.
5. 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.
6. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) did not provide specific guidance for award of the CMB. However, it did provide detailed guidance on award of the Combat Infantryman Badge (CIB) which was awarded to infantry personnel based on essentially the same criteria for award of the CMB to medical aid personnel assigned to infantry units. The regulation stated the CIB was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
The applicant was assigned to the HHC of a cavalry battalion during his service in Vietnam. Although he held an MOS that could have made him eligible for the CMB, the evidence of record does not show he performed duty as a medic in active ground combat while serving with an infantry platoon or squad in his cavalry unit. Therefore, he is not eligible for award of the CMB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_____________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) AR20100026975
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ABCMR Record of Proceedings (cont) AR20100026975
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