BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110012114 


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 that he be awarded a second award of the Combat Medical Badge (CMB) and that all of his authorized awards be added to his DD Form 214 ( Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was awarded the CMB for his actions in the Dominican Republic but was not awarded the CMB for his actions in Vietnam.  He goes on to state that his understanding of the regulation indicates he is entitled to two awards of the CMB.  Additionally, all of his awards were not included on his DD Form 214, such as the Bronze Star Medal (BSM) with “V” Device, the Air Medal with “V” Device and 14 oak leaf clusters (OLC), the Army Commendation Medal with “V” Device, and the Republic of Vietnam Gallantry Cross with Bronze Star.

3.  The applicant provides:

* A copy of his DD Form 214 and Honorable Discharge Certificate
* A copy of orders and citation awarding him the BSM with “V” Device 1st OLC
* A copy of orders awarding him the Purple Heart
* A copy of orders awarding him the Air Medal with 14 OLCs and “V” Device
* A copy of orders awarding him the Army Commendation Medal (ARCOM) for heroism
* A copy of his authorization to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star
* A copy of orders awarding him the CMB
* A copy of excerpts from Army Regulation 600-8-22 (Military Awards) regarding the award of the CMB

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 records were not available for review by the Board; however, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  He was assigned to the 1st Battalion, 325th Airborne Infantry Regiment, 82d Airborne Division at the time his unit invaded the Dominican Republic on 1 May 1965 as part of Operation Power Pack.  The applicant was awarded the CMB on 4 September 1965.  After serving 1 year, 4 months and 10 days of active service the applicant reenlisted in the Regular Army at Fort Bragg, North Carolina on 13 December 1965, for a period of 3 years. 

4.  The applicant was subsequently transferred to Vietnam for assignment initially to the 2d Battalion, 502d Airborne Infantry Regiment and later to the 282d Assault Helicopter Company.  Documents provided by the applicant show that he was awarded the BSM with “V” Device 1OLC for heroism on 19 June 1966.  He was awarded the Purple Heart for wounds received on 7 July 1966.  He was awarded the ARCOM for heroism on 24 February 1968 and on 15 August 1968 he was awarded the Air Medal 14th OLC w/ “V” Device on 15 August 1968.  On 26 October 1968 he was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

5.  Meanwhile, on 16 September 1968, he had been honorably released from active duty (REFRAD) to attend school.  He had served 4 years, 1 month, and  14 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal with three bronze service stars, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Purple Heart, the Armed Forces Expeditionary Medal, the Combat Medical Badge, the BSM, and the Aircraft Crewman Badge.

6.  Army Regulation 600-8-22 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.

7.  Army Regulation 600-8-22 states a separate award of the Combat Medical Badge has been authorized for qualified Soldiers in any of four conflicts:  

	(1) World War II (7 December 1941 to 3 September 1945);

	(2) the Korean Conflict (27 June 1950 to 27 July 1953); 

	(3) the Vietnam Conflict (which includes service in Vietnam (2 March 1961 to 28 March 1973 and qualifying service in Laos (19 April 1961 to 6 October 1962)), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (4 January 1969 to 31 March 1994), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991.  Subsequent awards of the Combat Medical Badge are not authorized for the same qualifying period.  It is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all of these areas.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for awards of the Meritorious Unit Commendation (MUC), the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA), the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded a second award of the CMB has been noted and appears to lack merit.  The applicant’s service in the Dominican Republic and in Vietnam are both included in the same qualifying period of eligibility for award of the CMB.  The applicable regulation provides that only one award of the CMB will be made for the same qualifying period of eligibility regardless of whether a Soldier had served one or multiple tours in any or all of these areas.  Accordingly, it does not appear that the applicant is eligible for a second award of the CMB.

2.  However, the applicant’s contention that all of his awards were not included on his DD Form 214 has been noted and found to have merit.  

3.  The applicant was awarded the BSM w/ “V” Device 1st OLC; however, his  DD Form 214 only reflects the award of the BSM.

4.  The applicant was also awarded the ARCOM w/ “V” Device, the Air Medal with 14 OLCs and “V” Device, and the Republic of Vietnam Gallantry Cross with Bronze Star and those awards were not added to his DD Form 214.

5.  Additionally, the applicant’s units were awarded the MUC, the PUC, the VUA, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he served with the units and thus he is entitled to have those awards added to his DD Form 214.

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 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:
 
* Deleting the award of the BSM from block 24 of his DD Form 214
* Adding the award of the BSM with “V” Device and 1st OLC” to block 24 of his DD Form 214
* Adding the awards of the ARCOM w/ “V” Device, the Air Medal with        14 OLCs  and “V” Device, the Republic of Vietnam Gallantry Cross with Bronze Star, the MUC, the PUC, the VUA, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation to block 24 of his DD Form 214

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 a second award of the CMB.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  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)                                         AR20110012114





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ABCMR Record of Proceedings (cont)                                         AR20110012114



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