IN THE CASE OF:	  

		BOARD DATE:  9 July 2013

		DOCKET NUMBER:  AR20120022686 


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 show award of the Combat Medical Badge (CMB).

2.  He states he was awarded the CMB, but it is not shown on his DD Form 214.

3.  He provides his DD Form 214.

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 21 March 1968.  He was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).
3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 26 March 1969 to
11 August 1969;

	b.  item 38 (Record of Assignments) he was assigned to:

* Headquarters and Headquarters Company, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade, Vietnam, as a medic from 5 April through 27 July 1969
* Medical Holding Company, 106th General Hospital, Japan in a patient status from 28 July through 10 August 1969

	c.  Item 41 (Awards and Decoration) he was awarded the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  On 31 December 1970, the applicant was honorably released from active duty to attend school and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 9 months, and 10 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal

5.  General Orders Number 9603, issued by Headquarters, Americal Division, dated 22 September 1969, awarded the applicant the Purple Heart for wounds received in action in Vietnam on 24 May 1969.

6.  General Orders Number 53, issued by Valley Forge General Hospital, dated 30 September 1969, awarded him the Purple Heart for wounds received in action in Vietnam on 25 July 1969.

7.  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.

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), aragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was assigned as a medic with the 46th Infantry Regiment.  His orders awarding him the Purple Heart confirm he participated in active ground combat while assigned to the unit and he was wounded on 24 May and 25 July 1969.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his award of the Combat Medical Badge.

2.  Evidence further shows he was awarded two awards of the Purple Heart for wounds received in action in Vietnam on 24 May and 25 July 1969.  However, his DD Form 214 only shows one award of the Purple Heart.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show both awards.

3.  Records show he participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

5.  Records show he qualified marksman with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

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 Purple Heart and the Vietnam Service Medal;

	b.  adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Medical Badge
* 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)                                         AR20120022686



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ABCMR Record of Proceedings (cont)                                         AR20120022686



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