IN THE CASE OF:	  

		BOARD DATE:	    5 December 2013

		DOCKET NUMBER:  AR20130008105 


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 believes that since he served as a medic in the Republic of Vietnam (RVN) with an infantry unit he should receive the CMB.

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 was inducted into the Army of the United States on 
13 December 1966.  He was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was honorably released from active duty on 5 December 1968.  He completed 1 year, 11 months, and 23 days of total active service.  

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

a. Item 31 (Foreign Service) he served in the RVN from 21 January 1968 to
5 December 1968.

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

* Headquarters and A Company, 1st Medical Battalion, 1st Infantry Division, as an ambulance driver from 1 February through 21 March 1968
* Headquarters and Headquarters Company, 1st Battalion, 28th Infantry Regiment, 1st Infantry Division, as a medical aidman from 22 March to 3 December 1968

	c.  Item 41 (Awards and Decorations) awards including the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 43, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 17 February 1967.

4.  His DA Form 20 also shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal (AGCM).

5.  His DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Bronze Star Medal (BSM)

6.  General Orders Number 8422, issued by Headquarters, 1st Infantry Division, dated 14 August 1968, awarded him the BSM with "V" Device for heroism in connection with military operations against a hostile force in the RVN on
7 May 1968.  The citation states, in part, the applicant was serving as a medical aidman with his unit on a reconnaissance when it was suddenly subjected to intense enemy automatic weapons fire which inflicted several casualties on the lead element.  With complete disregard for his personal safety, the applicant maneuvered forward through the hail of hostile rounds and began administering first aid to his wounded comrades.

7.  The applicant's record is void of any orders or evidence that indicates he received two awards of the BSM.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch contained General Orders Number 8422, dated 14 August 1968 awarding the applicant the BSM with "V" Device; however, there were no other orders for a second award of the BSM pertaining to the applicant.

9.  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.

10.  Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is worn instead of five bronze service stars.   Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 1st Medical Battalion, 1st Infantry Division was cited for the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 55, dated 1968 and the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 21, dated 1969.  It also shows that during the period the applicant was assigned, the 1st Battalion, 28th Infantry Regiment was awarded the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was assigned as a medical aidman with the 1st Battalion, 28th Infantry Regiment.  His BSM with "V" Device orders confirm he participated in active ground combat on 7 May 1968 while assigned to the unit.  Therefore, it would be appropriate at this time to award him the CMB for his actions on 7 May 1968 and to correct his DD Form 214 to show this badge. 

2.  Although his DD Form 214 shows he was awarded the BSM, his orders verify that he was awarded the BSM with "V" Device.  There is no evidence that he received two awards of the BSM.  Therefore, it would be appropriate to correct his DD Form 214 to show the BSM with "V" Device. 

3.  The evidence of record shows no evidence of any disciplinary actions or a commander's disqualification for award of the AGCM.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, it would be appropriate to award him the first award of the AGCM for the period 13 December 1966 to 5 December 1968 and to correct his 
DD Form 214 to show this award.

4.  His DA Form 20 verifies that he was awarded the Sharpshooter Marksmanship Qualification Badge Rifle Bar (M-14).  Therefore, his 
DD Form 214 should be corrected to show this badge.

5.  Records show he participated in five campaigns during his service in Vietnam that entitles him to one silver service star for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show this silver service star.


6.  The evidence of record also shows he is entitled to wear the Meritorious Unit Commendation, RVN Civil Actions Honor Medal First Class Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

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 BSM and VSM;

   b.	awarding him the CMB for his actions on 7 May 1968 while serving in the RVN;
   
	c.  awarding him the AGCM (1st Award) for the period 13 December 1966 through 5 December 1968;

	d.  adding to his DD Form 214 the:

* CMB
* BSM with "V" Device
* AGCM (1st Award)
* VSM with one silver service star
* Meritorious Unit Commendation







* RVN Civil Actions Honor Medal First Class
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter 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)                                         AR20130008105





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ABCMR Record of Proceedings (cont)                                         AR20130008105



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