IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110012625 


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 the:

* Combat Medical Badge
* Eight more awards of the Air Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Machinegun (M-60) Bars

2.  The applicant states he believes his DD Form 214 should reflect the requested awards/badges. 

3.  The applicant did not provide any evidence. 

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 19 July 1967 and he held military occupational specialty 91A (Medical Corpsman/Specialist).  

3.  Special Orders Number 234, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, on 30 August 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Special Orders Number 247, issued by Headquarters, U.S. Army Medical Training Center, Fort Sam Houston, TX, on 28 November 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  He served in Vietnam from 13 January 1968 to 19 February 1969 as follows:

* Company B, 25th Medical Battalion, 21 January to 16 July 1968
* Detachment 1, 25th Infantry Division, Augmentation Provisional Section, 16 to 27 July 1968
* 57th Medical Detachment, 27 July 1968 to 19 February 1969

6.  Headquarters, 44th Medical Battalion, published the following General Orders (GO):

* GO Number 116, dated 13 February 1969, awarded him the Air Medal (1st through 6th Award)
* GO Number 334, dated 22 April 1969, awarded him the Air Medal (7th through 12th Award)

7.  His record is void of any official orders awarding him the Combat Medical Badge or the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show awards of the Combat Medical Badge or the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

9.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 12 March 1969 and he was transferred to the U.S. Army Reserve.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Purple Heart
* Air Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two overseas service bars

10.  A review of the applicant's records shows entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with Company B, 25th Infantry Battalion (21 January to 16 July 1968), this unit was awarded the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 August 1967 to 31 August 1968 based on Department of the Army GO (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 August 1967 to 21 January 1970, based on DAGO Number 51, dated 1971

14.  Department of the Army Pamphlet 672-3 shows that during his service with the 57th Medical Battalion (27 July 1968 to 19 February 1969), this unit was awarded the Meritorious Unit Commendation, for service from 16 February to 31 December 1968, based on DAGO Number 51, dated 1971.

15.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars:

* Vietnam Counteroffensive Phase III (June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive, Phase V, 1 July to 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969

16.  Army Regulation 600-8-22 (Military Awards) 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.

17.  Army Regulation 600-8-22 also provides for basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant 12 awards of the Air Medal, 11 of which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Air Medal (12th Award).

2.  General orders awarded his units of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) and (M-16).  The M-14 rifle bar is shown on his DD Form 214; however, the M-16 bar is not.  Therefore, he is entitled to correction of his DD Form 214 to add the Expert Marksmanship Qualification Badge with Rifle (M-16).
4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while serving in the Republic of Vietnam; therefore, he is entitled to a silver service star to be affixed to his already-awarded Vietnam Service Medal.

5.  He served honorably during the period 19 July 1967 through 12 March 1969.  He attained the rank of SP4/E-4, served in Vietnam, received multiple combat awards, and received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

6.  With respect to the Combat Medical Badge, the applicant's medical MOS and his service in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit sufficient evidence that shows he was personally present and under fire during ground combat while serving in a medical unit that was organic to an infantry unit.  Notwithstanding the applicant’s sincerity regarding his entitlement to this badge, in the absence of the above evidence, there is insufficient evidence upon which to base award of the Combat Medical Badge in this case.

7.  With respect to the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), there is no evidence in his records that show he qualified with the weapon system or the degree of qualification.  In the absence of orders, memoranda, rosters, record fire scorecard, or other evidence that confirms the qualification and degree, there is insufficient evidence to award him this badge.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 July 1967 through 12 March 1969
* deleting from item 24 of his DD Form 214 the Air Medal
* Adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Air Medal (12th Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Silver service star to be affixed to his already-awarded Vietnam Service Medal

2.  The Board further determined 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:

* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)

3.  The Board wants the applicant and all others concerned to know that 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.

ABCMR Record of Proceedings (cont)                                         AR20110012625



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ABCMR Record of Proceedings (cont)                                         AR20110012625



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