BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120017260
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, in effect:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the CMB
* he served as a combat medic in three helicopter crashes in Vietnam
* a sergeant first class was killed in action in a helicopter shoot down/crash
3. The applicant provides:
* DD Form 214
* excerpt from the Vietnam Veterans Memorial Directory
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 enlisted in the Regular Army on 27 June 1968 for a period of
3 years. He completed his training and was awarded military occupational specialty (MOS) 91B (medical corpsman). He served in MOS 91B assigned to Headquarters and Headquarters Troop, 7th Armored Squadron, 17th Cavalry in Vietnam from 30 November 1969 to 14 August 1970. On 14 August 1970, he was discharged.
3. His DD Form 214 does not show the CMB as an authorized award.
4. There are no orders for the CMB in the available records.
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show entitlement to the CMB.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the CMB because he served as a combat medic in three helicopter crashes in Vietnam.
2. The governing regulation for award of the CMB states:
a. the CMB may be 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.
b. 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.
3. Evidence shows he held a medical specialty. However, there is no evidence of record which shows he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size that was engaged in active ground combat in Vietnam. Regrettably, there is insufficient evidence on which to award of the CMB in this case.
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) AR20120017260
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120017260
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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