IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110016548 


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 he was a combat medical corpsman (Medic) in the Republic of Vietnam (RVN).

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), emergency leave orders, and envelope with unit return address in support of his application.

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 record shows the applicant was inducted into the Army on 12 October 1966, and was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  

3.  The DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 14 December 1967 through 17 February 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion (Airborne), 501st Infantry Regiment, performing duties in MOS 70A as a clerk through 19 January 1968, and as a company aidman through 17 February 1968.  Item 41 (Awards and Decorations) does not include the CMB in the list of earned awards entered.  

4.  The applicant’s record is void of documents or orders indicating he was ever recommended for or awarded the CMB, or that confirms his presence and participation with his unit while it was engaged in active ground combat with enemy forces.  

5.  On 11 October 1968, the applicant was honorably released from active duty, in the rank of specialist four/E-4, after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not include the CMB in the list of authorized awards.  It does show he earned the following awards during his active duty tenure:

* National Defense Service Medal (NDSM)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Vietnam Service Medal (VSM)
* Army Good Conduct Medal

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Chapter 8 contains guidance on Badges and Tabs of U.S. Origin and paragraph 8-7 contains guidance on award of the CMB.  It states the CMB may be awarded to members of the Army Medical Department (Colonels and below), the Naval Medical Department (Captains and below), the Air Force Medical Service (Colonels and below), assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.  Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy. 


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to be awarded the CMB has been carefully considered.  However, there is insufficient evidence to support this claim. 

2.  By regulation, in order to support award of the CMB there must not only be evidence that the member was assigned to a qualifying infantry unit but also that he was present and participated with that unit while it was engaged in active ground combat with enemy forces.  Combat service only does not support award of the CMB. 

3.  The evidence of record shows that during his RVN tour, the applicant while assigned to a qualifying infantry unit of brigade, regimental or smaller size was in fact assigned to headquarters element and not a traditional line infantry company of that unit.  In addition, it shows for the majority of the time he served in the RVN, he was performing duties as a clerk and only preformed duties as a company aid man for less than a month.  

4.  Absent evidence showing the applicant 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 infantry unit while it was engaged in active ground combat with enemy forces, the regulatory burden of proof necessary to support award of the CMB has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to award the applicant the CMB at this late date. 

5.  The applicant and all others concerned should know 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.

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)                                         AR20110016548



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ABCMR Record of Proceedings (cont)                                         AR20110016548



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