BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013342
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 for the services he performed in Vietnam.
2. The applicant states he served as a medic with the 3rd Battalion, 319th Artillery, 173rd Airborne Brigade from September 1967 to September 1968. He was in the field at various fire support bases the entire time. They were attacked by mortar rounds many times and he aided American Soldiers at that time. He was assigned to Headquarters Company but attached to Bravo Company, so he was never recommended for the Combat Medical Badge. He was too busy in Vietnam to worry about it and it fell through the cracks.
3. The applicant provides no additional 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 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 enlisted in the Regular Army on 21 February 1966 and he held military occupational specialty (MOS) 91B (Medical Specialist). He served in Vietnam from 25 September 1967 to 24 September 1968 while assigned to Headquarters Battery, 3rd Battalion, 319th Field Artillery, 173rd Airborne Brigade.
3. He was honorably released from active duty on 25 September 1968 and transferred to the U.S. Army Reserve. He completed 2 years, 7 months, and 5 days of creditable active service.
4. There are no orders in his records showing award of the Combat Medical Badge.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Combat Medical Badge.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Combat Medical Badge.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. There are three requirements for award of the Combat Medical Badge: the Soldier must hold a medical MOS satisfactorily performing medical duties, he must be assigned or attached to a medical unit organic to an infantry unit during such time as the unit is engaged in active ground combat, and he must have been personally present and under fire during such ground combat.
2. The evidence of record does not show, and the applicant has not provided any evidence that shows he was personally present and under hostile fire while serving in his assigned medical duties in a medical unit organic to an infantry unit that was actively engaged in ground combat with the enemy. The evidence shows he was assigned to a field artillery unit. Therefore, there is insufficient evidence upon which to base award of the Combat Medical Badge in this case.
3. Nevertheless, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant 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) AR20110013342
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110013342
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130014335
There is insufficient evidence in his record and he has not provided sufficient evidence to support award of the Army Good Conduct Medal. Furthermore, there is insufficient evidence to show he was ever assigned to an infantry unit during his service. With respect to the Armed Forces Expeditionary Medal, the available evidence shows the applicant served on active duty from 2 August 1962 to 30 July 1965, of which 1 year and 13 days was foreign service.
ARMY | BCMR | CY2008 | 20080015365
The applicant requests that his records be corrected to reflect that he served as a combat infantryman in Vietnam and that he be awarded the Combat Infantryman Badge (CIB). The applicant states, in effect, that during his first 4 months in Vietnam he was assigned to Company B, 2nd Battalion, 173rd Airborne Brigade. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the...
ARMY | BCMR | CY2005 | 20050006497C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 November 2005 DOCKET NUMBER: AR20050006497 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requested correction of his records to show a second award of the Air Medal. There is no evidence of record which shows the applicant held an infantry MOS or served in active ground combat while an...
ARMY | BCMR | CY2012 | 20120009621
There is no evidence of record and the applicant did not provide any evidence that he was awarded the Purple Heart and Combat Infantryman Badge while serving in Vietnam. The evidence of record shows he completed training, was awarded, and served in MOS 13E throughout his military service and during his service in Vietnam. Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.
ARMY | BCMR | CY2013 | 20130020144
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * German Armed Forces Parachutist Badge * Egyptian Parachutist Badge * Jordanian Senior Parachutist Badge * Army Good Conduct Medal (AGCM) (2nd Award) * Combat Infantryman Badge (CIB) * Presidential Unit Citation (PUC) * Valorous Unit Award (VUA) * Army Achievement Medal (AAM) (4th Award) (taken to mean the Army Commendation Medal (ARCOM) (4th Award)) 2. The applicant...
ARMY | BCMR | CY2012 | 20120001598
The applicant's military personnel record failed to reveal any evidence and the applicant did not provide any evidence that shows he was awarded the Combat Infantryman Badge. c. There are no orders or other evidence in the applicant's military service record that shows he was awarded the Combat Infantryman Badge. __________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.
ARMY | BCMR | CY2008 | 20080006081
The applicant held and performed duties related to the MOS, 91B (Medical Specialist) and specifically had the duty title, "Battery Aidman." The applicant alleges to have been awarded the Combat Medical Badge by his battalion commander while he served in Vietnam; however, he also states that he never received this award. There is no evidence, and the applicant provided none to show, he was ever assigned or attached to an infantry unit while he served in Vietnam.
ARMY | BCMR | CY2008 | 20080004261
The applicant's records show he enlisted in the Regular Army for a period of 3 years on 19 June 1970. The applicants records show that he served in the Republic of Vietnam from 5 June 1971 to 28 March 1972. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge (CIB).
ARMY | BCMR | CY2009 | 20090015714
His record is void of any documents showing he served as a combat medic with a qualifying infantry unit or that he was recommended for or awarded the CMB or CIB by proper authority while serving in SWA. The applicant's contention he qualified for the CMB and CIB based on his combat service in SWA in support of Operation Desert Storm has been carefully considered. The evidence of record shows the applicant held a medical MOS and not an infantry MOS.
ARMY | BCMR | CY2008 | 20080011975
The applicant requests correction of his military records to show awards of the Purple Heart and the Combat Medical Badge. The applicant departed Vietnam on or about 25 September 1969. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action.