IN THE CASE OF:	  

		BOARD DATE:  29 August 2013

		DOCKET NUMBER:  AR20130000900 


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 and the Army Good Conduct Medal (1st Award).

2.  The applicant states he aided wounded Soldiers during perimeter attacks and received hostile fire/mortars.  He never received any disciplinary action during his enlistment.  Other medics were awarded this badge. 

3.  The applicant provides his 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 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 was inducted into the Army of the United States on 24 March 1970.  He completed the training requirements and he was awarded and served in military occupational specialty (MOS) 91B (Medical Specialist). 

3.  He served in Vietnam from 27 August 1970 to 23 August 1971.  He was assigned to Battery C, 4th Battalion, 77th Artillery, 101st Airborne Division. 

4.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 23 November 1971.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  His service records do not contain orders awarding him the Combat Medical Badge and/or the Army Good Conduct Medal.  

6.  During the processing of this case, a member for the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal Combat Medical Badge orders for the applicant.

7.  Army Regulation 600-8-22 (Military Awards) 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.

8.  His records do not contain any derogatory information in the form of lost time, court-martial charges, or a record of nonjudicial punishment.  Additionally, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received “excellent” conduct and efficiency ratings during his military service. 


9.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

10.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Headquarters, Department of the Army, published the following General Orders (GO) regarding the 4th Battalion, 77th Artillery service in Vietnam:

* GO Number 13, dated 1974, awarded this unit the Valorous Unit Award for service from 8 February to 8 April 1971
* GO Number 6, dated 1974, awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 18 April to 31 August 1971 and from 1 March to 9 October 1971

12.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam participation credit was awarded for two campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he served honorably during the period 24 March 1970 through 23 November 1971.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP5/E-5.  His record is void of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correction of his records to show this award.

2.  GO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his 
DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

4.  With respect to the Combat Medical Badge:

	a.  The applicant's medical MOS and his service in Vietnam are not in question.  However, he was assigned to an artillery unit.  There is no evidence in the available records and he did not submit sufficient evidence that shows he was personally present and under fire during ground combat while serving in a medical unit that was organic to an infantry unit.  

	b.  The applicant is right; several other medics were in fact awarded this badge in Vietnam.  However, in the absence of each awardee's specific facts and circumstances, it must be presumed the award approval authority determined those individuals met the criteria for this award.  The applicant in this case, based on the available evidence, did not meet the criteria for this award. 

	c.  Notwithstanding his sincerity, in the absence of the above evidence there is insufficient evidence upon which to base award of the Combat Medical Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 March 1970 through 
23 November 1971;

   b.  deleting from his DD Form 214 the Vietnam Service Medal; and

   c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Medical Badge. 



      _______ _  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)                                         AR20130000900



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ABCMR Record of Proceedings (cont)                                         AR20130000900



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