IN THE CASE OF:	  

		BOARD DATE:	    6 August 2013

		DOCKET NUMBER:  AR20120019659 


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, in two applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Medical Badge (CMB) and the Bronze Star Medal (BSM) (1st oak leaf cluster).

2.  The applicant states:

	a.  his work as a field medic in Vietnam entitles him to the CMB; and

	b.  although his military record contains undeniable proof of his BSM (1st Oak Leaf Cluster), a DD Form 215 (Correction to DD Form 214), dated 24 November 2009, incorrectly changed the award to the "BSM with 5 stars."

3.  The applicant provides a copy of his:

* DD Form 214
* DD Form 215

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 applicant enlisted in the Regular Army on 24 April 1969 for a period of
3 years.  He was initially trained in and awarded military occupational specialty (MOS) 91A (Medical Corpsman), later awarded MOS 91B (Medical Specialist).

3.  Special Orders Number 141, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 11 June 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant’s record shows he served in Vietnam from 3 November 1969 to 19 October 1970 while assigned to Headquarters and Headquarters Troop,
3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division as a medical specialist.

5.  General Orders Number 2961, issued by Headquarters, 25th Infantry Division, dated 12 March 1970, awarded him the BSM with "V" (valor) Device for heroism in connection with military operations against a hostile force in Vietnam on
1 February 1970.  The citation on this order included the statement "(the applicant) exposed himself to a hail of enemy fire as he helped move the wounded to a safe area and set up a security perimeter for them…."

6.  General Orders Number 9695, issued by the same headquarters, dated
18 September 1970, awarded him the BSM (1st oak leaf cluster) for meritorious service in Vietnam for the period November 1969 to November 1970.

7.  Special Orders Number 43, issued by Headquarters, 55th Medical Group, Fort Bragg, NC, dated 20 September 1971, awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

8.  On 12 January 1972, he was discharged for unsuitability.  He completed
2 years, 7 months, and 29 days of total active service.

9.  The applicant provides and his record contains a DD Form 214 for the period ending 12 January 1972, as amended by a DD Form 215, dated 24 November 2009, that shows he was awarded or authorized the:

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

10.  There is no evidence or record and the applicant did not provide any evidence that shows he was recommended for or awarded the CMB.

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

	b.  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.

	c.  The bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with certain awards, including the BSM.

	d.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the BSM.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the awards program in the Army theater of operations during the Vietnam conflict.  This regulation did not provide specific guidance for award of 

the CMB.  However, USARV Regulation 672-1 did provide detailed guidance on award of the Combat Infantryman Badge (CIB) which is awarded to infantry personnel based essentially the same criteria for award of the CMB to medical aid personnel assigned to infantry units.  The regulation provided that the CIB was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Squadron, 4th Cavalry Regiment, was cited for award of the:

* Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1969 through 30 April 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May through 28 June 1970 by DAGO Number 55, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 June through 30 September 1970 by DAGO Number 5, dated 1973

14.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

15.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.

	a.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

	b.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the CMB and the BSM
(1st oak leaf cluster).  There is sufficient evidence to support his claim.

2.  The evidence of record includes two general orders awarding him the BSM with "V" Device for heroism and the BSM (1st oak leaf cluster) for meritorious service.  Therefore, his DD Form 214 should be corrected to show both awards.

3.  The evidence of record confirms the applicant served in Vietnam as a medical specialist while assigned to 3rd Squadron, 4th Cavalry Regiment, when this unit was actively engaged in ground combat as evidenced by his initial BSM order citation.  As such, he met the regulatory criteria necessary for award of the CMB. Therefore, it would be appropriate at this time to award him the CMB for service in Vietnam and his DD Form should be corrected to show this award.

4.  The applicant's unit in Vietnam was cited for award of the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The applicant's unit in Vietnam was cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Although his is only entitled to wear one of these unit awards, his DD Form 214 should be corrected to show all three awards.

6.  Evidence shows the applicant served 12 months in Vietnam (beginning and ending months inclusive), that entitles him to two Overseas Service Bars.   Therefore, his DD Form 214 should be corrected accordingly

7.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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:

* Bronze Star Medal with "V" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	b.  awarding him the Combat Medical Badge effective 1 February 1970;

	c.  adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3rd Award)
* Combat Medical Badge
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      __________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)                                         AR20120019659



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ABCMR Record of Proceedings (cont)                                         AR20120019659



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