IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100028632 


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 correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 15 March 1974 to show the Combat Medical Badge (CMB), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other unit awards to which he may be entitled. 

2.  The applicant states:

* He served with the 17th Field Evacuation Hospital at An Khe for 1 year
* He was a dust off medic with the 498th Aviation Group for 6 months
* He served his country honorably or 6 years
* He served in a combat zone for 19 months

3.  The applicant provides no documentary evidence.

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 enlisted in the Regular Army (RA) on 18 May 1967 for a period of 3 years.  He was awarded military occupational specialty (MOS) 91A (medical corpsman) and later MOS 91B (medical specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) he was assigned to the following units in Vietnam:

* 498th Medical Company from 14 November 1967 through 9 April 1968
* 17th Field Hospital from 10 April 1968 to 11 June 1969

	b.  he received "excellent" conduct and efficiency ratings throughout his service from 18 May 1967 through 15 May 1970.

4.  There is no record of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal during this period of service.

5.  On 15 May 1970, he was honorably released from active duty at the expiration of his term of service (ETS).  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 May 1970 shows the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) with six bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* three overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  There are no orders for the CMB in the available records.

7.  On 16 March 1971, he again enlisted in the RA.  He served in MOS 91B in Germany.  Item 29 (Qualification in Arms) of the DA Form 20 for this period of 


service shows he qualified as an expert with the M-16 rifle on 25 January 1972.  Item 38 shows he received a "good" conduct and efficiency rating during the period 30 September 1972 to 21 August 1973.

8.  He was honorably discharged on 15 March 1974 at his ETS.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending
15 March 1974 shows the:

* NDSM
* VSM
* Republic of Vietnam Campaign Medal with Device (1960)

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

11.  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.


12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 
that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

13.  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.  One silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the CMB in the available records.  Although the evidence of record shows he held a medical specialty, there is no evidence of record which shows he was 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 that was engaged in active ground combat in Vietnam.  Regrettably, there is insufficient evidence in which to award the CMB in this case.

2.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period for this award.  Therefore, it would be appropriate correct his DD Form 214 to show this unit award.

3.  The applicant received "excellent" conduct and efficiency ratings throughout his first term of enlistment, with no disciplinary actions or a commander's 


disqualification.  However, he received a "good" conduct and efficiency rating during a portion of his second enlistment.  Therefore, he is only entitled to the first award of the Army Good Conduct Medal for the period 18 May 1967 through 15 May 1970 and correction of his DD Form 214 to show this award.

4.  The applicant's DD Form 214 for the period ending 15 May 1970 shows award of the VSM with six bronze service stars.  However, evidence shows he participated in seven campaign phases during his service in Vietnam.  Additionally, by regulation, one silver service star will be worn in lieu of five bronze service stars.  As such, he is entitled to one additional bronze service star.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 15 March 1974 to show the VSM with one silver service star and two bronze service stars.

5.  Evidence shows he qualified as an expert with the M-16 rifle on 25 January 1972.  His first DD Form 214 also shows three overseas service bars.  Therefore, his DD Form 214 for the period ending 15 March 1974 should be corrected to show this weapon qualification and these overseas service bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 26 of his DD Form 214 for the period ending 15 March 1974 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
18 May 1967 through 15 May 1970, and


	c.  adding to item 26 of his DD Form 214 for the period ending 15 March 1974 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* three overseas service bars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Medical Badge.



      _______ _  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)                                         AR20100028632



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100028632



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1