IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110012638
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 request for award of the Combat Medical Badge (CMB).
2. The applicant states he earned the CMB and others in his unit received the CMB. He feels he qualifies for the CMB because Army Regulation 600-8-22 (Military Awards) states under intent "Conceivably, this could occur if an infantry unit lost all its medics and as a temporary or permanent measure medical personnel were attached to an infantry unit, but remained assigned to a hospital or other non-infantry unit." The 4th Infantry Division was in this position, as well as other units in the Central Highlands of Vietnam, to include the Army of South Vietnam.
3. He contends this is exactly what the 1st Medical Company did. The unit not only provided medical service but also medical staff. He was told by others to search the U.S. Archives for documents, orderly room reports, or other information that would substantiate his claim but he has tried and cannot seem to work the internet. He did not receive the CMB only because his unit disbanded and he was sent home. He got lost in the shuffle and reassigned to other units.
4. The applicant provides:
* the eligibility criteria for the CMB as stated in Army Regulation 600-8-22
* a self-authored statement
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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090021546, on 6 July 2010.
2. The applicant presents the expanded criteria for award of the CIB that was not previously reviewed by the ABCMR. Therefore, it is considered a new argument and as such warrants consideration by the Board.
3. During the original review of this case, the Board found the applicant served in a combat theater as a medical corpsman and as a medical specialist with a medical battalion and an evacuation hospital. Unfortunately, there is no evidence that these units were organic to an infantry unit of brigade, regimental, or smaller size. Furthermore, the available evidence does not sufficiently show his unit had been in contact with the enemy and that he had been personally present and under fire during such ground combat. Therefore, the Board found no basis to grant his request.
4. The applicant provides the complete eligibility requirements for the CMB. He contends that his unit, the 1st Medical Company, was assigned to the 4th Infantry Division in the Central Highlands of Vietnam, and provided medical services and medical staff after the unit lost all its medics.
5. Army Regulation 600-8-22 states the sole criteria that qualify medical personnel for award of the CMB is to be assigned or attached to an infantry unit engaged in active ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration of his earlier request for award of CMB.
2. The ABCMR is not an investigative body; therefore, regularity must be presumed unless there is sufficient evidence to show an injustice or an error occurred. The applicant argues he was in fact assigned as a medical specialist to an infantry unit that lost all its medics; however, there is no evidence to support this contention. There is also insufficient evidence to confirm he was personally present and performing his medical duties, while assigned to a qualifying infantry unit when the unit was engaged in active ground combat with enemy forces.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090021546, dated 6 July 2010.
_______ _ 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) AR20110012638
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110012638
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110005343
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...
ARMY | BCMR | CY2007 | 20070017540
Specifically, counsel presents the following arguments: a. the Board erred in denying the applicant his CMB based on a determination that he was not assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regiment, or smaller size and that the word or is a mutually exclusive criterion that does not require the unit of attachment or assignment to be organic to an infantry unit; b. the medical officers statement and evidence that...
ARMY | BCMR | CY2008 | 20080001842
The applicant states, in effect, that he is submitting an additional letter of support from a former fellow Soldier assigned to his unit that will show he led combat and ambush patrols at his base camp. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. DISCUSSION AND CONCLUSIONS: Evidence of record shows that...
ARMY | BCMR | CY2010 | 20100028479
IN THE CASE OF: BOARD DATE: 14 June 2011 DOCKET NUMBER: AR20100028479 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 91C while assigned to Company C, 25th Medical Battalion, in Vietnam from 11 December 1967 to 5 January 1968. He requests award of the CMB and he provided new evidence about an armored cavalry squadron in Vietnam.
ARMY | BCMR | CY2009 | 20090007470
The applicant states, in effect, the BSM with "V" Device and BSM for meritorious service he earned are not listed on his DD Form 214, and he was a 91B (Medical Specialist) assigned to a rifle platoon and should have been awarded the CMB. Given the applicant's cavalry squadron commander confirmed in a 15 June 1968 request that the unit had an organic rifle platoon and that the applicant served as that platoon's medic and had been present with the unit on numerous occasions when it was...
ARMY | BCMR | CY2010 | 20100000135
There is no evidence of record which shows the applicant was assigned to the 11th ACR in Vietnam. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show entitlement to the CMB or the CIB. However, there is no evidence of record and the applicant provided no evidence which shows he completed a course on animal specialist skills.
ARMY | BCMR | CY2010 | 20100007232
Application for correction of military records (with supporting documents provided, if any). It further states that combat service alone is not a sufficient basis to support award of the CIB. The applicant's request to be awarded the CIB was carefully considered; however, there is insufficient evidence to grant relief.
ARMY | BCMR | CY2012 | 20120006293
BOARD DATE: 16 October 2012 DOCKET NUMBER: AR20120006293 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Although he provided letters and a 2-page Vietnamese document showing he was in the RVN, this alone does not show he participated in combat. Notwithstanding his sincerity, in the absence of official documentary evidence showing he was ever recommended for or awarded the CMB by proper authority while serving in the RVN, or that confirms his presence and participation with his qualifying...
ARMY | BCMR | CY2008 | 20080016157
The applicant requests award of the Combat Medical Badge (CMB). He states he had field training and hospital duty then he was transferred to Company D, 1st Medical Battalion in Vietnam in September 1966. There is no evidence of record which shows the applicant was assigned or attached to an infantry unit that was engaged in active ground combat or was personally present and under fire as required for award of the CMB.
ARMY | BCMR | CY2013 | 20130020149
The applicant requests award of the Combat Medical Badge (CMB). However, there is no evidence and the applicant did not submit any evidence to show he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which engaged in active ground combat. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...