IN THE CASE OF:	  

		BOARD DATE:  23 May 2012

		DOCKET NUMBER:  AR20110023709 


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 instead of the Combat Infantryman Badge.

2.  He states he was a medic in Vietnam and his orders awarded him the Combat Medical Badge, not the Combat Infantryman Badge.

3.  He provides his DD Form 214 and Headquarters, 3d Brigade, 82d Airborne Division, Special Orders Number 265.

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.  He was inducted into the Army of the United States on 4 February 1969.  He was awarded military occupational specialty 91B (Medical Specialist).  The highest rank/grade he attained during his service was specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that during his tour of duty in Vietnam he performed duties as:

   a.  a medic while assigned to Headquarters and Headquarters Battery, 2nd Battalion, 321st Artillery, 3d Brigade, 82d Airborne Division, during the period 27 July to 18 August 1969;
   
   b.  a medic while assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 505th Infantry, 3d Brigade, 82d Airborne Division, during the period 19 August to 19 October 1969;
   
	c.  a medic while assigned to HHC, 3d Brigade, 82d Airborne Division, during the period 20 October to 12 December 1969; and

   d.  a litter bearer while assigned to the 91st Evacuation Hospital during the period 13 December 1969 to 12 July 1970.

4.  Special Orders Number 265, dated 22 September 1969, issued by Headquarters, 3d Brigade 82d Airborne Division, awarded him the Combat Medical Badge (1st Award).  Additionally, this is shown in item 41 (Awards and Decorations) of his DA Form 20.

5.  He was honorably released from active duty on 15 January 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 1 year, 11 months, and 12 days of active service.

6.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two Overseas Service Bars

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, he participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the:

	a.  321st Artillery, 3d Brigade, 82d Airborne Division, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 6 October 1968-11 November 1969;

	b.  1st Battalion, 505th Infantry, 3d Brigade, 82d Airborne Division, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 6 October 1968-11 November 1969; and
 
	c.  HHC, 3d Brigade, 82d Airborne Division, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 6 October 1968-11 November 1969.	

DISCUSSION AND CONCLUSIONS:

1.  Special Orders 265 awarded him the Combat Medical Badge and his DA Form 20 shows he was awarded the Combat Medical Badge.  His records show he served in medical related positions throughout his military service.  There is no evidence in his records that he was ever eligible for or awarded the Combat Infantryman Badge.  It appears the Combat Infantryman Badge entry on his DD Form 214 was an administrative error.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Combat Medical Badge.

2.  In view of the foregoing, the Combat Infantryman Badge should be deleted from his DD Form 214.

3.  He participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show the four bronze service stars.

4.  The units to which he was assigned during his period of service in Vietnam were awarded a total of three awards of the RVN Gallantry Cross with Palm Unit Citation while he was assigned to those units.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, he is entitled to have his records corrected as shown below. 

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 was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  deleting from his DD Form 214 the Vietnam Service Medal and the Combat Infantryman Badge; and

	b.   adding to his DD Form 214 the:

* Vietnam Service Medal with four bronze service stars
* Combat Medical Badge
* RVN Gallantry Cross with Palm Unit Citation (three awards)




      _______ _  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)                                         AR20110023709



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ABCMR Record of Proceedings (cont)                                         AR20110023709



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