IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120021784 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the following awards:

* Combat Medical Badge (CMB)
* Air Medal (AM)
* Army Good Conduct Medal (AGCM).

2.  The applicant states his original DD Form 214 does not list all of his awards.
   
3.  The applicant provides no additional documents.

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's records show he was inducted into the Army of the United States on 12 January 1967.  He was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  

3.  On 1 December 1968, he was honorably separated in the rank/grade of specialist five/E-5 and transferred to the U.S. Army Reserve Control Group.  He completed 1 year, 10 months, and 20 days of creditable military service of which 11 months and 28 days was foreign service.

4.  The applicant’s records show he served in the Republic of Vietnam from on or about 4 December 1967 to 3 December 1968.  He was assigned to the Headquarters and Headquarters Company, 1st Battalion (Airborne), 506th Infantry Regiment and served as the "company aidman."

5.  The applicant’s Army Military Human Resource Record (AMHRR) (previously known as official military personnel file) contains Headquarters, 101st Airborne Division, General Orders Number 10546, dated 30 November 1968.  These orders awarded him the AM for meritorious achievement while participating in aerial flight.

6. His DA Form 20 (Enlisted Qualification Record) shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  Item 29 (Qualification in Arms) shows the applicant qualified "expert" with the M-16 rifle.

7.  The applicant's AMHRR is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded: 

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Parachutist Badge

9.  The applicant's AMHRR contains no orders that show he was awarded or recommended for the CMB.


10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-13 contains guidance on award of the VSM and states that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is used to denote five bronze service stars.
   
   b.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the following campaigns:
   
* Vietnam Counteroffensive, Phase III
* TET Counteroffensive
* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V
* Vietnam Counteroffensive, Phase VI

c.  Paragraph 7-14 provides guidance on the award of the Valorous Unit
Award (VUA) and states, it may be awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.

	d.  Paragraph 7-15 contains guidance on the award of the Meritorious Unit Commendation (MUC) and states, it is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.

e.  Paragraph 8-7 provides guidance on the award of the CMB and states, it 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.


11.  Army Regulation 672-5-1 (Awards) stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 
3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

12.  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.

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN the applicant's unit (HHC, 1st Battalion, 506th Infantry Regiment) earned the VUA, MUC, RVN Gallantry Cross with Palm Unit Citation (RVNGC) and RVN Civil Actions Honor Medal with First Class Unit Citation (RVNCAHM).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the CMB, AM, and AGCM.  There is sufficient evidence to support his claim.

2.  The evidence of record confirms the applicant was awarded the AM and it was announced in official orders contained in his AMHRR.  Accordingly, the AM should be added to his DD Form 214.

3.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 12 January 1967 through 1 December 1968.

4.  The evidence of record confirms the applicant held a medical MOS and served with a qualifying unit necessary for the award of the CMB, while that unit earned the VUA and MUC.  Both the VUA and MUC are awarded for extraordinary heroism in action against an armed enemy and for exceptionally meritorious conduct in the performance of at least 6 months continuous outstanding service in military operations against an armed enemy, respectively. Accordingly, his service in a medical MOS with a qualifying unit during a period his unit earned the VUA and are convincing and sufficient to support his entitlement to the CMB.

5.  Further, absent any evidence that the applicant was assigned to a medical department staff position or to a special duty assignment, it is reasonable to presume he was present and participated with his unit during combat actions while assigned in the RVN.  Therefore, the regulatory criteria necessary for award of the CMB have been satisfied and it would be appropriate to award him the CMB and to add it to his DD Form 214.

6.  Finally, based on the applicant's service and campaign participation in the RVN, he earned the VUA, MUC, RVNGC, RVNCAHM, 2 Overseas Service Bars, one silver service star with his already awarded VSM, and the Expert Marksmanship Qualification Badge with M-16 Rifle Bar; none of which are currently listed on his DD Form 214.  Accordingly, these awards should be added to his DD Form 214 at this time.

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.  awarding him the first award of the Army Good Conduct Medal, for his qualifying honorable active duty service from 12 January 1967 through 1 December 1968;

   b.  awarding him the Combat Medical Badge;

   c.  amending Item 24 of his DD Form 214 deleting the Vietnam Service Medal and by adding the following:
   
* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with silver service star
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with M16 Rifle Bar
* 2 Overseas Service Bars
   
   d.  and issuing him a correction to his DD Form 214 reflecting these awards.




      ___________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)                                         AR20120021784





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ABCMR Record of Proceedings (cont)                                         AR20120021784



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