IN THE CASE OF:	 

		BOARD DATE:	    15 September 2011

		DOCKET NUMBER:  AR20110002806 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Silver Star.  He further requests that his Combat Infantryman Badge be changed to a Combat Medical Badge.

2.  The applicant makes no statement.

3.  The applicant provides:

* his DD Form 214
* General Orders Number 279, issued by Headquarters, XXIV Corps, dated
* 6 March 1971
* The Silver Star certificate

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 17 March 1969.  He completed training and he was awarded military occupational specialty 91B (medical specialist).  The highest rank/grade he attained during his service was specialist four (SP4)/E-4.

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

	a.  item 31 (Foreign Service) he served in Vietnam from 6 March 1970 through 7 September 1970.

	b.  item 38 (Record of Assignments) that during his tour of duty in the Vietnam he performed duties as a medical aidman while assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 11th Infantry, 1st Brigade,
5th Infantry Division during the period 1 April to 28 August 1970.

	c.  item 38 that he receive all "excellent" conduct and efficiency ratings through his service.

	d.  item 41 (Awards and Decorations) he was awarded the Combat Infantryman Badge (1st Award) by General Orders Number 160, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division.

4.  On 29 August 1970, having been wounded as a result of hostile action, the applicant was evacuated in a patient status to the Medical Holding Company, 249th General Hospital, at Camp Drake, Japan.  On 7 September 1970, he was further reassigned to the Medical Holding Company, Brooke Army Medical Center, Fort Sam Houston, TX for further treatment.

5.  The applicant was honorably released from active duty on 20 October 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 1 year, 7 months, and 4 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Combat Infantryman Badge (1st Award)
* Purple Heart
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  General Orders Number 279, dated 6 March 1971, awarded him the Silver Star for gallantry in action while engaged in military operations involving conflict with an armed hostile force in the RVN on 10 August 1970.  The citation states:

…(the applicant) distinguished himself by gallantry in action while serving as a senior medic with Company C, 1st Battalion, 11th Infantry, near Fire Support Base Holcomb on 10 August 1970.  While in a night defensive position, Company C was attacked by an enemy force using mortars, rocket propelled grenades, hand grenades, small arms, and automatic weapons.  With complete disregard for his own safety (the applicant) moved through the intense and deadly enemy fire to administer aid to the wounded.  While on such an errand of mercy, (the applicant) was wounded by shrapnel from an enemy propelled grenade.  Although he was urged to let himself be evacuated, (the applicant) refused and continued to expose himself to increasingly heavy fire while moving from position to position treating the wounded.  Although growing faint with loss of blood from his wound, (the applicant) remained with his company treating the wounded until all of them had been safely evacuated…

8.  His record is void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  There is no adverse action recorded in the available record and no disqualification by his chain of command.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the evolution of the Combat Medical Badge stemmed from a requirement to recognize medical aid-men who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier.  This regulation further provides that since its inception, the intent of the Department of the Army regarding this requirement has been that medical personnel must be personally present and under fire in order to be eligible for the awarding of the Combat Medical Badge.

10.  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, 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.

11.  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.  Appendix B shows that during his service in Vietnam, he participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Silver Star.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  His DA Form 20 shows he was awarded the Combat Infantryman Badge.  His records show he served as a medical specialist throughout his service.  The general orders awarding him the Silver Star indicate that although the applicant was wounded, he treated and saved the lives of many of his fellow Soldiers while under enemy fire 10 August 1970.  It appears he was inadvertently awarded the Combat Infantryman Badge instead of the Combat Medical Badge.  Therefore, it would be appropriate to award him the Combat Medical Badge in lieu of the Combat Infantryman Badge for his action on 10 August 1970 and correction of his DD Form 214 to show award of the Combat Medical Badge.

3.  Evidence shows the applicant received all "excellent" conduct and efficiency ratings throughout his service with no adverse actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good conduct Medal (1st Award) for the period 17 March 1969 through 20 October 1970 and correction of his DD Form 214 to show this award.

4.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the three bronze service stars.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, he is entitled to correction of his DD Form 214 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 Vietnam Service Medal and the Combat Infantryman Badge;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 March 1969 through 20 October 1970; and

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

* Silver Star
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Combat Medical Badge
* 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)                                         AR20110002806



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ABCMR Record of Proceedings (cont)                                         AR20110002806



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