IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110019143
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) for the period ending 28 April 1967 to show the entry "Combat Medical Badge" instead of "MED BAD." He also requests correction of this DD Form 214 to show award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).
2. He states he was a combat medic in Vietnam and was awarded the Combat Medical Badge in 1964.
3. He provides a Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim) and his DD Form 214 for the period ending 28 April 1967.
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. After completion of prior enlisted service in the U.S. Air Force, the applicant enlisted in the Regular Army on 3 March 1954. He completed the required training and was awarded specialty number 911.30 (Medical Specialist). He continued to serve on active duty through a series of reenlistments.
3. He served in Vietnam from 29 October 1963 through 24 October 1964 with U.S. Military Assistance Command-Vietnam.
4. Headquarters, U.S. Military Assistance Command-Vietnam, Special Orders Number 35, dated 24 June 1964, awarded him the Combat Medical Badge.
5. his DD Form 214 for the period ending 28 April 1967 shows the entry "MED BAD" indicating he was awarded the Combat Medical Badge.
6. He retired from active duty on 31 January 1973. His final DD Form 214 doesn't show award of the Combat Medical Badge.
7. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973.
8. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, campaign participation was awarded for the Vietnam Advisory Campaign.
9. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.
DISCUSSION AND CONCLUSIONS:
1. Special orders show the applicant was awarded the Combat Medical Badge on 24 June 1964 and his DD Form 214 for the period ending 28 April 1967 reflects the entry "MED BAD" indicating the Combat Medical Badge. Therefore, it would be appropriate to amend his DD Form 214 for the period ending 28 April 1967 to reflect the entry "Combat Medical Badge" instead of "MED BAD."
2. The evidence of record shows he served a period of qualifying service in Vietnam for award of the Vietnam Service Medal with one bronze service star for participation in the Vietnam Advisory Campaign and the Republic of Vietnam Campaign Medal with Device (1960). Therefore, his DD Form 214 for the period ending 28 April 1967 should be amended to show these medals.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. Therefore, his DD Form 214 for the period ending 28 April 1967 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
BOARD VOTE:
____x___ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 for the period ending 28 April 1967 of the individual concerned be corrected by:
a. deleting the entry "MED BAD" from his awards and replacing it with the entry "Combat Medical Badge"; and
b. adding award of the Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
____________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) AR20110019143
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ABCMR Record of Proceedings (cont) AR20110019143
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