IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006635 


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, in effect, correction of his record to show award of the Combat Medical Badge (CMB) and four bronze service stars to be worn with his Vietnam Service Medal (VSM).  

2.  The applicant states he was a medical corpsman (MEDIC) on a helicopter for a year.  He claims he also got out of the helicopter to assist the wounded during transport to medical facilities.  He claims he was considered a combat MEDIC.  

3.  The applicant provides no documentary evidence in support of his application.  

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’s record shows he enlisted in the Regular Army on                  27 November 1967 and was trained in and awarded military occupational specialty (MOS) 91B (Medical Corpsman).  He attained the rank of specialist five/E-5 on 12 March 1969, and this is the highest rank he held while serving on active duty.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 26 November 1968 through 24 November 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 236th Medical Detachment (Helicopter Ambulance), U.S. Army Pacific (USARPAC) performing duties in MOS 91B as a medical aidman.  

4.  On 25 November 1970, the applicant was honorably released from active duty after completing 2 years, 11 months, and 29 days of active military service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Good Conduct Medal
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* Distinguished Flying Cross
* Aircraft Crewman Badge
* Vietnam Campaign Ribbon 
* VSM
* Air Medal (AM) with 22 Oak Leaf Clusters (OLCs)
* Expert Marksmanship Qualification Badge with Rifle (M-16 & M-14) Bar
* National Defense Service Medal

5.  On 26 May 2009, a DD Form 215 (Correction to DD Form 214) was issued by the U.S. Army Human Resources Command that amending item 24 of the applicant’s original DD Form 214 by deleting the AM with 22 OLCs and VSM and adding the AM with Numeral 26 and VSM with four bronze service stars.  Therefore, this portion of the applicant's request has already been administratively granted, no further Board action is necessary on this matter and it will not be addressed further in this Record of Proceedings (ROP).  The applicant will be provided a copy of this DD Form 215.  



6.  On 23 March 2011, a DD Form 215 was issued by the Army Review Boards Agency that amended item 24 of the applicant’s original DD Form 214 by deleting the Vietnam Campaign Medal and adding the following awards:

* Navy Commendation Medal (NCM) with Combat V (Valor)
* Republic of Vietnam Campaign Medal with Device (1960)

7.  Army  Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Chapter 8 contains guidance on Badges and Tabs of U.S. Origin and paragraph 8-7 contains guidance on award of the CMB.  It states the CMB may be awarded to members of the Army Medical Department (Colonels and below), the Naval Medical Department (Captains and below), the Air Force Medical Service (Colonels and below), assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.  Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the CMB based on his RVN service as a MEDIC has been carefully considered.  Although he has a distinguished record of combat service in the RVN, as evidenced by his earning the DFC and NCM with Combat V, by regulation in order to qualify for the CMB a member must have been assigned or attached to an infantry unit of brigade, regimental or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size.  In this case, given the applicant was assigned to a medical detachment (a helicopter ambulance unit) organic to USARPAC, the regulatory criteria of assignment or attachment to an infantry unit of brigade or smaller size has not been satisfied.  As a result, there is an insufficient evidentiary basis to support award of the CMB.  

2.  Copies of the DD Forms 215, dated 26 May 2009 and 23 March 2011, correcting the applicant’s original DD Form 214 are included with this ROP for the applicant’s information and use.  

3.  The applicant and all others concerned should 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.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ________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)                                         AR20110006635



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ABCMR Record of Proceedings (cont)                                         AR20110006635



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