BOARD DATE: 14 May 2013
DOCKET NUMBER: AR20120018011
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.
2. The applicant states:
* he was assigned as a combat medic to the 94th Medical Detachment, 119th Army Hospital Corps, 52nd Combat Aviation Battalion while in the Republic of Vietnam
* he worked in a dispensary and went on patrol with their Camp Holloway security detachment as a medic with full medic pack and M-14 weapon
* on many occasions their patrol came under enemy fire
* he was also the medic on flight status
3. The applicant provides:
* Combat Medical Badge news article, dated 31 July 2008
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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. On 11 October 1967, the applicant was inducted into the Army of the United States. He completed training and was awarded military occupational specialty 91B (Medical Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
* Item 38 (Record of Assignment), he was assigned to the 94th Medical Detachment during the period 19 April 1968 to 15 May 1969 with duty as a medical corpsman, light truck driver, and senior medical aid man
4. Item 40 (Awards and Decorations) of the applicant's DA Form 20 does not show the Combat Medical Badge.
5. General Orders Number 7681, Headquarters, 1st Aviation Brigade, dated 18 November 1968, awarded the applicant the Air Medal. His Air Medal Certificate shows he participated in more than 25 aerial missions over hostile territory in support of operations against Communist aggression.
6. On 17 May 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 7 months, and 7 days of creditable active military service.
7. The applicant provides a copy of his DD Form 214 and a 2008 news article about 7 Army flight medics in northern Iraq becoming the first aviation crewmembers to be awarded the Combat Medical Badge.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, states the Combat Medical Badge 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 (Military Awards), currently in effect, states that on or after 18 September 2001, the Combat Medical Badge may be awarded to medical personnel, assigned or attached to or under operational control of any combat arms units of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire. Retroactive awards under these criteria are not authorized for service prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Combat Medical Badge was carefully considered.
2. During his service, award of the Combat Medical Badge was limited to medical department personnel who were assigned or attached to a medical unit of company or smaller size organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat. The available evidence does not show, nor has he provided evidence showing, he was assigned to a medical unit organic to an infantry unit of brigade or smaller size. Therefore, there is no basis for awarding him the Combat Medical Badge under these criteria.
3. Effective 18 September 2001, the criteria for award of the Combat Medical Badge were expanded to include medical personnel assigned or under the operational control of any combat arms unit of brigade or smaller size. The expanded criteria do not apply to service prior to 18 September 2001. Therefore, he cannot be considered for award of the Combat Medical Badge under the expanded criteria.
4. In view of the foregoing, there is no basis for granting the 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) AR20120018011
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120018011
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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