IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100028560
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.
2. He states he:
* was a combat medic during his tour in Vietnam
* didnt speak much English at the time of his discharge
* didnt know this medal was authorized for him until he applied for benefits at the Department of Veterans Affairs (VA)
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 applicants 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 applicants 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 17 June 1969. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 91A1O (Medical Corpsman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 22 (MOSs) he was awarded MOS 91B2O (Medical Specialist) on
23 May 1970
* Item 31 (Foreign Service) he served in Vietnam from 11 December 1969 through 12 November 1970
* Item 38 (Record of Assignments) he was assigned to:
* Headquarters and Company A, 25th Medical Battalion, 25th Infantry Division as a Litterbearer in duty MOS 91A1O from 21 December 1969 through 14 July 1970
* Company D, 25th Medical Battalion, 25th Infantry Division as a Medical Aidman from 15 July 1970 to 12 November 1970
* Item 41 (Awards and Decorations) no entry for award of the Combat Medical Badge
4. His service record does not contain orders awarding him the Combat Medical Badge or evidence indicating his unit commander recommended him for this badge.
5. He was honorably released from active duty on 16 June 1971 at the expiration of his term of service. Item 24 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Combat Medical Badge.
6. His record does not contain any evidence showing he was actively engaged in ground combat while assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which was engaged in active ground combat.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded a medical personnel MOS and he served as a Medical Aidman with the 25th Medical Battalion, 25th Infantry Division in Vietnam.
2. Based on the Military Awards regulation, the Combat Medical Badge is awarded to medical personnel 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.
3. His service record is void of evidence and he has not provided any evidence which indicates his unit in Vietnam was engaged in active ground combat and that he was physically present during such combat. Therefore, the applicant has not met all of the requirements for award of the Combat Medical Badge.
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 that 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) AR20100028560
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ABCMR Record of Proceedings (cont) AR20100028560
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