IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110013074
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 award of the Combat Medical Badge (CMB).
2. The applicant states:
a. He served with the 1st Medical Company in the Republic of Vietnam (RVN) in direct support of infantry units from 2 September 1967 to 28 October 1968.
b. He details his unit's history and the hazardous duties he performed as a medic indicating he was subject to frequent rocket, mortar fire, and sapper attacks.
c. He recently learned a Soldier with whom he served and who died in Vietnam was awarded the CMB. He performed the same duties in Vietnam as this Soldier.
3. The applicant provides a:
* Self-authored statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 20 (Enlisted Qualification Record)
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 applicants 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 applicants 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 show he was inducted into the Army of the United States on 27 March 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist). He was honorably separated in the rank/grade of specialist four/E-4 on 30 October 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).
3. The applicants records show he served in the Republic of Vietnam from on or about 2 September 1967 to 28 October 1968. He was assigned to the 1st Medical Company and performed duties as an ambulance orderly/driver.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Two Overseas Service Bars
5. There are no orders in the applicant's records that show he was awarded the CMB.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CMB 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the CMB.
2. The applicant's medical MOS and service in the Republic of Vietnam are not in question.
3. However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows 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. In the absence of evidence that the applicant was personally present while the infantry unit was in contact with the enemy there is insufficient evidence upon which to base award of the CMB in this case.
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) AR20110013074
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ABCMR Record of Proceedings (cont) AR20110013074
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