IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20110000777 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Medical Badge (CMB) instead of the Combat Infantryman Badge (CIB).

2.  He states this DD Form 214 incorrectly shows he was awarded the CIB instead of the CMB.  He attributes this mistake to a clerical error.  He asserts that since his military occupational specialty (MOS) was 91B (Medical Specialist), he was not eligible for award of the CIB.  He speculates that since the vast majority of Soldiers separating at the time of his separation held an infantry MOS and were receiving the CIB the clerk was complacent and automatically typed CIB on his DD Form 214.  He further states he discovered this error recently when he attempted to obtain a Missouri Military license plate that would reflect he was a Combat Medic.  The Department of Motor Vehicles would not issue him the license plate due to the fact the CIB is annotated on his DD Form 214 and the CMB is not.

3.  He provides:

* a Certificate of Completion for Advanced Individual Training (AIT)
* Special Orders Number 185
* a photograph
* his DD Form 214
* a Missouri Department of Revenue, Motor Vehicle Bureau form 4055


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 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.  His complete military record is not available to the Board for review.  An exhaustive search was conducted by the staff of the National Personnel Records Center, but they were only able to retrieve a portion of his record.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's DD Form 214 and other documents provided by the National Personnel Records Center.

3.  His record shows he enlisted in the Regular Army on 5 April 1968.  At the time of his separation, he held the rank/pay grade of specialist five/E-5.

4.  His record contains a Statement of Understanding and a 3AA Form 291 (Statement of Understanding Regarding Assignment, Housing, and Oversea transportation for Dependents) rendered at the time of his enlistment which each show he was enlisting for Special Forces and Career Group # 91 (Medics).

5.  Special Orders Number 80 issued by Headquarters, U.S. Army Reception Station, Fort Campbell, KY, on 5 April 1968, show he was scheduled to be assigned to the Special Forces and Career Group 91 course for advanced individual training (AIT) following successful completion of basic combat training.

6.  He provides a U.S. Army Medical Training Center, Fort Sam Houston, TX certificate showing he successfully completed AIT for MOS 91A on 6 September 1968.  He also provides orders showing he was assigned to Special Forces Training Group, Fort Bragg, NC for Special Forces training on 6 September 1968.


7.  He provides a photograph showing four Soldiers rendering medical treatment to a child in a field environment.

8.  A Standard Form 88 (Report of Medical Examination) was rendered on          9 March 1971 in conjunction with his separation physical medical examination.  Item 17 (Rating or Specialty) of this form shows he was a Medical Specialist at the time.

9.  Special Orders Number 59 issued by Headquarters, XVIII Airborne Corps  and Fort Bragg, NC on 26 March 1971 show he was released from active duty  on 2 April 1971 and transferred to U.S. Army Reserve Control Group (Reinforcement).  His standard name line on these orders shows his MOS as 91B.

10.  His available personnel service records are void of any evidence showing he ever held an infantry MOS or that he was awarded either the CIB or the CMB on permanent orders.

11.  His DD Form 214 shows he was honorably released from active duty on       2 April 1971 and transferred to U.S. Army Reserve Control Group (Reinforcement) following the completion of 2 years, 11 months, and 28 days of creditable active duty service.  

12.  Item 23a (Specialty Number and Title) of his DD Form 214 shows his MOS as 91B and specialty title as Medical Specialist.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Bronze Star Medal
* Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* CIB
* Parachutist Badge

14.  He provides a Missouri Department of Revenue, Motor Vehicle Bureau Form 4055, dated 27 December 2010, which shows his application for a personalized license plate was denied based upon lack of proof that he was awarded the 

CMB.  It is also annotated on this form that he will need a corrected DD Form 214 showing the medal in order for the request to be granted.

15.  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.

16.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

17.  Army Regulation 600-8-22, paragraph 2-13, 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 shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1July 1970 - 30 June 1971)

18.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the CMB instead of the CIB was carefully considered and determined to have merit.


2.  Evidence clearly shows he was a Medical Specialist.

3.  His record is void of any evidence he ever held an infantry MOS.  Therefore, he did not meet the basic eligibility requirement for award of the CIB.

4.  Although his available record is void of orders awarding him either the CIB or CMB, it is evident he was awarded one of them based upon the entry of a combat badge on his DD Form 214.  Given the high volume of infantry personnel transitioning from the Army at the time of his separation, it is not unreasonable to presume a typographic error was made by the clerk who prepared his DD Form 214.  Therefore, in the interest of equity, his DD Form 214 should be corrected to show he was awarded the CMB instead of the CIB.

5.  Records show he participated in four campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure.  Therefore, he is entitled to have his DD Form 214 corrected 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 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.  deleting from item 24 of his DD Form 214 the Combat Infantryman Badge and Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the:

* Combat Medical Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20110000777





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ABCMR Record of Proceedings (cont)                                         AR20110000777



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