IN THE CASE OF:	  

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002091 


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.  The applicant states he was assigned to the 37th Medical Company at Blackhorse Base Camp in Vietnam in January 1969.  He initially worked in the motor pool providing ambulance service for convoys.

   a.  In April 1969, he was assigned as a medic to G Troop, 2nd Squadron, 11th Armored Cavalry Regiment (ACR).  Through late June he was involved in several firefights (i.e., ambushes and enemy contact) during search and destroy missions.  He recalls rendering medical assistance to Soldiers while under enemy fire on numerous occasions.  He adds that the unit's morning reports will confirm the combat actions.

   b.  He states he did not receive the Combat Medical Badge because he departed Vietnam unexpectedly on emergency leave in late June 1969.  He received a compassionate reassignment and did not return to Vietnam.

   c.  He expresses guilt for leaving his unit at a time when fellow Soldiers were moving north to an area that was reporting heavy combat.

3.  The applicant provides a copy of 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 25 March 1968 for a period of 24 months.  He was awarded primary military occupational specialty (PMOS) 91A1O (Medical Corpsman) on 2 August 1968.  He was awarded PMOS 91B2O (Medical Aidman) on 1 August 1969.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 31 January through 29 June 1969; and

	b.  item 38 (Record of Assignments) he served:

		(1)  in duty MOS 91A1O as an ambulance orderly while assigned to the 37th Medical Company, 11th ACR, from 6 February through 16 May 1969; and

		(2)  in duty MOS 91B2O as a medical aidman while assigned to Headquarters and Headquarters Troop (HHT), 2nd Squadron, 11th ACR, from
17 May through 28 June 1969.

	c.  Item 41 (Awards and Decorations) does not show award of the Combat Medical Badge.

4.  Headquarters, 2nd Squadron, 11th ACR, Letter Orders Number 6-24, dated 28 June 1969, authorized the applicant to depart on 21 days of emergency leave, effective 29 June 1969.  The order's standard name line shows the applicant was assigned to HHT, 2nd Squadron, 11th ACR.


5.  The applicant's DD Form 214 shows he was honorably released from active duty on 24 March 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 2 years of total active service of which 5 months was foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, and Good Conduct Medal (1st Award).

6.  The applicant's military personnel record does not contain any orders or other evidence showing he was recommended for or awarded the Combat Medical Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It 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.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) did not provide specific guidance for award of the Combat Medical Badge.  However, it did provide detailed guidance on award of the Combat Infantryman Badge, which was awarded to infantry personnel based on essentially the same criteria for award of the Combat Medical Badge to medical aid personnel assigned to infantry units.  The regulation stated the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Combat Medical Badge because he served as a medic in Vietnam and he rendered medical assistance to Soldiers while under enemy fire on numerous occasions.


2.  The applicant's claim to the Combat Medical Badge was carefully considered:

	a.  Records show the applicant was awarded PMOS 91A1O and he served in duty MOS 91B2O as a medical aidman from 17 May to 28 June 1969 while assigned to HHT, 2nd Squadron, 11th ACR, in Vietnam.  However, this evidence, alone, is insufficient as a basis for award of the Combat Medical Badge.
	b.  The evidence of record fails to show the applicant satisfactorily performed medical duties while assigned or attached to an infantry unit during such time as the unit was in contact with the enemy, and that he was personally present and under fire while performing medical duties.

3.  The sincerity of the applicant's comments is not in question.  However, there are no orders or any other Army records that show the applicant was awarded the Combat Medical Badge, or that he was recommended for the badge. Therefore, there is insufficient evidence to support the applicant's claim to the Combat Medical Badge.

4.  In view of the foregoing, there is an insufficient basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X ____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20110002091



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ABCMR Record of Proceedings (cont)                                         AR20110002091



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