IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120011732 


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 should receive the CMB based on his service as a combat medical corpsman with the 1st Infantry Division in the Republic of Vietnam (RVN) and more specifically with the 1st Battalion, 7th Artillery Regiment.  

3.  The applicant provides a four-page self-authored letter and RVN unit map in support of his request.  

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 19 April 1968.  He was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  

3.  His DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 9 September 1968 to 22 November 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Company A, 1st Medical Battalion, 1st Infantry Division, performing duties in MOS 91A as a litterbearer from 18 September 1968 to 30 April 1969; and to Headquarters and Headquarters Service Battery, 1st Battalion, 7th Artillery Regiment, performing duties in MOS 91B as a battery aidman from 18 September through 19 November 1969.  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 a qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

5.  On 22 November 1969, the applicant was honorably released from active duty, in the rank of specialist five/E-5, after completing 1 year, 7 months, and 4 days of active military service.  The CMB is not included in the list of earned awards contained on the DD Form 214.  It does list the following earned awards:

* National Defense Service Medal 
* Vietnam Service Medal 
* Vietnam Campaign Medal 
* Army Commendation 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 a member must be 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, regimental, or smaller size, and must have been present and with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Battle/combat service alone does not support award of the CMB. 

3.  The evidence of record shows that during his RVN tour, the applicant was assigned to a medical battalion and artillery regiment.  There is no evidence of record showing he was ever assigned to a qualifying infantry unit or a medical unit organic to an infantry unit of brigade, regimental or smaller size.  The fact the applicant participated in combat with an artillery or other type unit within an infantry division does not satisfy the infantry unit criteria necessary to support award of the CMB.  

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.  

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)                                         AR20120011732



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ABCMR Record of Proceedings (cont)                                         AR20120011732



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