BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110006370
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 the award of the Combat Medical Badge.
2. The applicant states he was a flight medic and served over 2 years in the Republic of Vietnam. He was awarded at least 11 oak leaf clusters for his Air Medal for the "dust off" missions he flew. He was flying missions with the 498th Medical Company (Air Ambulance), 55th Medical Group.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* an official statement of awards
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. He enlisted in the Regular Army on 26 September 1966 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman). On 9 January 1968 he was awarded MOS 91B (Medical Specialist).
3. He served in the Republic of Vietnam from 7 April 1967 to 18 June 1969. He was assigned to the:
* 85th Evacuation Hospital, 44th Medical Brigade, from 14 April-26 November 1967
* 498th Medical Company from 27 November 1967-5 February 1969
* 67th Evacuation Hospital from 6 February-17 June 1969
4. On 22 June 1969, he was released from active duty. He completed 2 years, 8 months, and 27 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Combat Medical Badge.
5. Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Combat Medical Badge was awarded to a member of the Army Medical Service (colonels and below) who had satisfactorily performed medical duties subsequent to 6 December 1941 while assigned or attached to a medical unit of an infantry unit of brigade, regimental, or smaller size, or as a member of the medical platoon of an infantry or airborne brigade headquarters company during any period the infantry unit was engaged in active ground combat. Battle participation credit was not sufficient; the infantry unit must have been in contact with the enemy.
DISCUSSION AND CONCLUSIONS:
1. Assignment in a combat zone and receiving combat pay is insufficient for qualification for award of the Combat Medical Badge. The evidence must show an individual was assigned to an infantry unit of brigade, regimental, or smaller size and that the infantry unit was engaged in active ground combat.
2. The applicant was assigned to 85th Evacuation Hospital, the 498th Medical Company, and the 67th Evacuation Hospital. There is no evidence he was assigned to an infantry unit while that unit was engaged in active ground combat. Therefore, he does not meet the regulatory requirement for award of the Combat Medical Badge.
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 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 this action in no way diminishes the sacrifices made by him 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.
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