IN THE CASE OF:	  . 

		BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130001981 


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 effect, deletion of the Combat Infantryman Badge from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and replacement with the Combat Medical Badge.

2.  The applicant states he served in Vietnam as a combat medic with Company C, 2nd Battalion, 14th Infantry Regiment.  He served in Vietnam from 17 April 1966 to 8 July 1966.  According to the Department of Veterans Affairs, he does not qualify for combat zone status.  He was serving as a medic with Company C when this unit left Hawaii for Vietnam.

3.  The applicant provides no additional evidence.

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 22 July 1963 with prior U.S. Air Force Reserve enlisted service.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his assignments to the following units:

* Headquarters and Headquarters Company (HHC), 2nd Battalion, 14th Infantry Regiment, Hawaii, from 31 August 1964 through 15 April 1966
* HHC, 2nd Battalion, 14th Infantry, Vietnam, from 16 April 1966 through 8 July 1966, during two campaigns

4.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  Item 41 (Awards and Decorations) of his DA Form 20 lists the Combat Medical Badge awarded by Headquarters, 25th Infantry Division, Special Orders Number 156, dated 16 June 1966.

6.  He was honorably discharged from active duty in pay grade E-5 on 9 July 1966 as an overseas returnee.  He completed 2 years, 11 months, and 18 days of net active service during this period with no lost time.  He was credited with 1 year, 10 months, and 13 days of foreign service in the U.S. Army Pacific.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal
* National Defense Service Medal 
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

7.  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 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.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

9.  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 his unit, the 2nd Battalion, 14th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 in Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Medical Badge on 16 June 1966.  His DD Form 214 inadvertently listed this award as a Combat Infantryman Badge.  Therefore, he is entitled to correction to his DD Form 214 by deleting the Combat Infantryman Badge and adding the Combat Medical Badge.

2.  The evidence of record shows he appears to meet the criteria for the first award of the Army Good Conduct Medal and there is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 22 July 1963 through 9 July 1966 and his DD Form 214 should be corrected to show this award.

3.  The evidence of record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  General orders awarded his unit 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.  In view of the foregoing, his records 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 the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 22 July 1963 through 9 July 1966
* deleting award of the Vietnam Service Medal and Combat Infantryman Badge from his DD Form 214
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20130001981



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ABCMR Record of Proceedings (cont)                                         AR20130001981



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