BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120022084
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 that he be awarded the Combat Medical Badge (CMB).
2. The applicant states that he served as a combat medic in Vietnam and was never awarded the CMB.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) and his promotion orders.
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 18 February 1970 for a period of 3 years. He completed basic training at Fort Bragg, North Carolina and his advanced individual training as a medical specialist at Fort Sam Houston, Texas prior to being transferred to Vietnam on 1 September 1970.
3. The applicant was assigned to the 27th Surgical Hospital for duty as a light truck driver. He departed Vietnam on 15 June 1971 and he was transferred to Fort Sam Houston where he remained until he was honorably released from active duty (REFRAD) on 16 February 1973. He had served 2 years, 11 months, and 29 days of active service and the DD Form 214 he was issued at the time of REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, the Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar and Army Good Conduct Medal.
4. A review of the applicant's official records failed to show any evidence of the applicant being awarded the CMB or of the applicant serving in an infantry unit as a medic.
5. 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 applicants contention that he should be awarded the CMB for his service in Vietnam has been noted and appears to lack merit.
2. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he served as a combat medic in an infantry unit that engaged the enemy in combat.
3. Therefore, in the absence of such evidence, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ __X______ _X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120022084
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ABCMR Record of Proceedings (cont) AR20120022084
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