IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20120000300
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 medic.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Repot of Transfer or Discharge)
* General Orders Number 795, issued by Headquarters, 18th Engineer Brigade, dated 21 September 1969
* General Orders Number 990, issued by the same headquarters, dated
9 November 1969
* General Orders Number 1008, issued by the same headquarters, dated 12 November 1969
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 was inducted into the Army of the United States on 18 January 1968. Upon completion of initial entry training, he was awarded military occupational specialty (MOS) 91B (medical specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 29 December 1968 through 21 December 1969 while assigned to Headquarters and Headquarters Company, 39th Engineer Battalion (Combat).
4. On 22 December 1969 he was reassigned to the 106th General Hospital, Japan, in a patient status. On 2 January 1970 he departed Japan en route to the Medical Holding Company, Brooke General Hospital, Fort Sam Houston, TX.
5. There is no evidence of record that shows the applicant was recommended for or awarded the CMB.
6. General Orders Number 795 and Number 990 awarded the applicant the Purple Heart for wounds received in action in Vietnam on 12 August and
11 October 1969. General Orders Number 1008 awarded him the Bronze Star Medal with "V" Device for heroism in Vietnam on 12 August 1969.
7. The applicant was honorably released from active duty on 6 April 1970 at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. The DD Form 214 he was issued at the time does not show the CMB.
8. Army Regulation 600-8-22 (Military Awards) states the CMB 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.
9. Army Regulation 600-8-22 also provides special provisions for award of the CMB during the Vietnam conflict. These provisions permitted award of the CMB to Soldiers assigned to a Vietnamese unit engaged in actual ground combat or
as a member of a U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat. The special provisions required the Soldier to be personally present and under hostile fire while assigned as specified.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the CMB has been carefully considered.
2. There is no doubt the applicant held a medical MOS and that he engaged in combat while in Vietnam as evidenced by his award of the Bronze Star Medal with "V" Device and two Purple Hearts. However, he was not assigned to an infantry unit or to a medical unit of company or smaller size that was organic to an infantry unit; he was assigned to an engineer battalion. As such, he does not meet the criteria for award of the CMB.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20120000300
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ABCMR Record of Proceedings (cont) AR20120000300
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