IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110014001
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 award of the Combat Medical Badge.
2. He states he served in Vietnam as a combat medic assigned to Headquarters and Headquarters Company, 2nd Battalion, 506th Infantry Regiment. He was attached to the 2nd Platoon, Alpha Company for 10 months and 9 days. He believes he is entitled to the Combat Medical Badge.
3. He provides his DD Form 214.
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 military records show he enlisted in the Regular Army on 8 July 1969. He completed training, was awarded the military occupational specialty of medical corpsman, and was promoted to pay grade E-5.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he performed duties as a medical aidman and medical specialist in Vietnam while assigned to Headquarters and Headquarters Company, 2nd Battalion (Air Mobile), 506th Infantry Regiment, during the period 23 August 1970 to 17 June 1971.
4. He was honorably released from active duty on 20 June 1971 and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 13 days of active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Combat Medical Badge.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Combat Medical Badge.
7. There are no orders in his records and the applicant did not provide any orders that show he was awarded the Combat Medical Badge.
8. 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 is no evidence the applicant was recommended for or awarded the Combat Medical Badge.
2. By regulation, in order to support award of the Combat Medical Badge, in addition to evidence the medical personnel were assigned or attached to an authorized unit, the Soldier must have been personally present and have satisfactorily performed medical duties while the combat arms unit was engaged in active ground combat. There is no evidence in the available records and he did not provide any evidence to corroborate that he personally performed medical duties while assigned to an infantry unit while that unit was 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.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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) AR20110014001
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ABCMR Record of Proceedings (cont) AR20110014001
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