IN THE CASE OF:	   

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110005343 


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 reconsideration of his earlier petition to add the Combat Medical Badge (CMB) to his military record.  As new issues, he also requests all additional awards that he is authorized and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his assignment with 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division.

2.  The applicant states:

	a.  it is very disturbing to know his service to his country, in a place that can only be described as "hell on earth," was not correctly documented thereby causing his entitlements to be questioned;

	b.  he has an official photograph showing that he received the Army Commendation Medal (ARCOM); he was wearing the CMB and the rank of specialist five (SP5) which is contrary to the Board's Record of Proceedings (ROP) which indicates the highest rank he attained was private first class (PFC);

	c.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show his assignment with 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division;

	d.  the ROP shows he was assigned to 1st Battalion, 8th Infantry Regiment, 4th Infantry Division but fails to show he was assigned to Company C, 4th Platoon and the Reconnaissance Platoon where he served in combat and medically treated the wounded;

	e.  there is no excuse for the military not having accurate information in his record; and

	f.  he demonstrated his record is woefully incomplete and states the only right thing to do is to grant his request and correct his DD Form 214.

3.  The applicant provides:

* A self-authored statement
* the original Army Board for Correction of Military Records (ABCMR) ROP
* photograph (two copies)
* Certificate of Appreciation (two copies)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100016438 on 21 December 2010.

2.  The documents that the applicant has provided were not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  During the original review of this case, the Board found that while the applicant held military occupational specialty (MOS) 91B (Medical Specialist) and served with an infantry unit in the Republic of Vietnam (RVN) there was no evidence available that showed he was personally present and/or satisfactorily performed his medical duties while his unit was actively engaged in ground combat during his tour in the RVN and as a result it was concluded there was insufficient evidence to support award of the CMB.

4.  The applicant's military records show he was inducted into the Army of the United States on 8 March 1967.  He was trained in and served in MOS 91B.

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

	a.  item 31 (Foreign Service):  he served in the RVN from 13 August 1967 to 12 August 1968;

	b.  item 33 (Appointments and Reductions):  he was promoted to the rank of SP5 on 23 April 1968;

	c.  item 38 (Record of Assignments) shows:

		(1)  he served with Headquarters and Headquarters Company, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division from 25 August 1967 to 25 April 1968 and with Headquarters and Headquarters Troop, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division from 26 April through 8 August 1968 during his RVN tour;

		(2)  he served with the Medical Company, U.S. Army Hospital (USAH), Fort Polk, Louisiana from 17 September 1968 through 6 March 1969; and 

		(3)  he received "excellent" conduct and efficiency ratings at each of his active duty assignments.

6.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  It is also void any orders or other documents to show he was recommended for or awarded the CMB.

7.  His OMPF contains Headquarters, 1st Infantry Division, General Orders Number 7701, dated 30 July 1968, awarding him the ARCOM for meritorious service in the RVN during the period August 1967 to July 1968.

8.  On 7 March 1969, the applicant was honorably released from active duty in the rank of SP5.  The DD Form 214 that he was issued at the time shows he completed 2 years of creditable active military service.  Item 12 (Last Duty of Assignment and Major Command) contains the entry "Med Co, USAH, 4th US ARMY."

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows the applicant earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

10.  The applicant provides a certificate of appreciation acknowledging his valued contributions to Combat Operations 1st Squadron, 4th Cavalry Regiment while assigned to the RVN.

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

	a.  It states a bronze service star is authorized for wear on the VSM to denote participation in each Vietnam campaign.  Appendix B shows that during the applicant's service in Vietnam he participated in the following four campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

	b.  It contains regulatory guidance on the award of the CMB.  It 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.  Permanent award of the CMB must be announced in orders.

	c.  It states, effective 16 January 1991, medical personnel assigned or attached to armor and ground cavalry units of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire are authorized the CMB.  Retroactive awards prior to the above effective date, under these criteria, are not authorized.

12.  Army Regulation 672-5-1 (Awards) stated the AGCM 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.


13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded 
during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his units earned the following awards:

	a.  1st Battalion, 8th Infantry Regiment was awarded:

* Presidential Unit Citation (PUC)
* RVN Gallantry Cross (RVNGC) with Palm Unit Citation 
* RVN Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation

	b.  1st Squadron, 4th Cavalry Regiment was awarded the Valorous Unit Award (VUA).

14.  Army Regulation 635-5 (Separations Document) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The preparation instructions for the entry in Item 12 states to enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his earlier petition to show he was awarded the CMB was again carefully considered.  The available evidence does not confirm he was personally present, performing his medical duties, while assigned to a qualifying infantry unit when the unit was engaged in active ground combat with enemy forces.

2.  The evidence clearly shows that the applicant was awarded an infantryman MOS and he was assigned to a qualifying infantry necessary for the award of the CMB (1st Battalion, 8th Infantry Regiment).  However, there is no evidence to confirm he was actively engaged in ground combat with this unit.

3.  In addition, although the certificate of appreciation he provides shows he made valued contributions to combat operations while assigned to 1st Squadron, 4th Cavalry Regiment; "contributions to combat operations" does not equate to nor sufficiently show he was ever engaged in active ground combat with this unit. Further, the CMB was not awarded to medical personnel assigned or attached to armor or cavalry units during his tenure on active duty.

4.  There are no available orders awarding the applicant the CMB.  The photograph provided by the applicant showing an individual wearing the CMB does not sufficiently support his contention that he was awarded this badge.  Lacking evidence to confirm the applicant met the regulatory criteria necessary for the award of the CMB, there is still no basis upon which to grant this portion of the requested relief.

5.  The applicant was awarded the ARCOM by the appropriate award authority while serving in the RVN and it was announced in official orders.  Therefore, the ARCOM should be added to his DD Form 214.

6.  The applicant's record also confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active service from 8 March 1967 through 7 March 1969.

7.  The record also shows that based on his RVN service and campaign participation, the applicant is eligible for the PUC, VUA, RVNGC with Palm Unit Citation, RVNCAHM First Class Unit Citation, and four bronze service stars to be worn with his VSM.  Therefore, it would also be appropriate to add these awards and decorations to his D Form 214 at this time.

8.  The original ROP in this case does indicate the highest rank the applicant achieved was that of PFC.  However, the evidence confirms he was promoted to SP5 on 23 April 1968 he held this rank at the time of his REFRAD.  Accordingly, the ABCMR staff expresses a sincere apology for this administrative error.  His DD Form 214 correctly annotates his rank.

9.  In response to the applicant's claim his DD Form 214 fails to show his assignment with 1st Squadron, 4th Cavalry Regiment, by regulation the member's last unit of assignment and major command will be listed in item 12 of the DD Form 214.  There are no provisions for listing every unit he served with during his period of active service.  The available evidence confirms he was assigned to the Medical Company, USAH, 4th U.S. Army at the time of REFRAD. This unit is correctly reflected on his DD Form 214.  Accordingly, there is no basis to grant this portion of his request.

10.  The applicant's claim that the original ROP made no mention of his assignment with Company C or the Reconnaissance Platoon, 1st Battalion, 8th Infantry Regiment is correct.  The evidence of record only shows he was assigned to Headquarters and Headquarters Company of this unit.  Finally, the DA Form 20 does not show units below the company level or indicate specific platoon assignments.  As a result, there is no basis to grant this portion of requested relief.

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 in regard to the new issues 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.  awarding him the Army Good Conduct Medal (1st Award) for qualifying honorable active service from 8 March 1967 to 7 March 1969;

   b.  deleting the current entries in Item 24 of his DD Form 214 and adding the following list of awards:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, Firs Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar

c.  issuing him a document to reflect the above corrections.


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 the:

* adding 1st Squadron, 4th Cavalry Regiment to his DD Form 214
* changing the original ABCMR ROP to show he served with Company C and the Reconnaissance Platoon

3.  With respect to the applicant's request for reconsideration, 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 to amend the decision of the ABCMR set forth in Docket Number AR20100016438, dated 21 December 2010, as pertains to 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)                                         AR20110005343



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ABCMR Record of Proceedings (cont)                                         AR20110005343



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