IN THE CASE OF:
BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130008616
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.
2. The applicant states he was a combat medic in Vietnam and flew over 10 missions with the 1st Cavalry.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United Stated Report 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 1 July 1965. He completed training as a medical specialist. He arrived in Vietnam on 27 November 1965 and was assigned to the 227th Aviation Battalion (Assault Helicopter), 1st Cavalry Division (Airmobile).
3. On 20 November 1966, the applicant departed Vietnam en-route to the United States.
4. On 30 June 1967, the applicant was honorably released from active duty at the expiration of his term of service. His DD Form 214 shows he completed 2 years of total active duty service.
5. A review of the applicant's records does not show that he was ever assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade size or smaller.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence shows that while the applicant was in Vietnam, he was assigned to the 227th Aviation Battalion (Assault Helicopter), 1st Cavalry Division (Airmobile).
3. He was not 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. He is not authorized award of the Combat Medical Badge.
4. In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ 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) AR20130008616
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130008616
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001058006C070420
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. APPLICANT REQUESTS: That his military records be corrected to reflect award of the Combat Medical Badge and a Presidential Unit Citation. The applicant has...
ARMY | BCMR | CY2011 | 20110020946
His available record does not contain orders for the Purple Heart nor does it contain any documentation pertaining to the treatment of any wounds or injuries he sustained during his service in Vietnam. Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), the regulation in effect at the time, states that during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. The evidence of record...
ARMY | BCMR | CY2004 | 040008208C070208
The applicant requests that his record be corrected to show his MOS (military occupational specialty) as 11B (infantry) vice 63B (wheel vehicle mechanic); that he be awarded the Combat Infantryman Badge; and that he be awarded the Air Medal with “V” device. Thus, his request to correct his DD Form 214 to show his MOS as 11B is not granted. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show his MOS as 11B, and award of...
ARMY | BCMR | CY2007 | 20070017540
Specifically, counsel presents the following arguments: a. the Board erred in denying the applicant his CMB based on a determination that he was not assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regiment, or smaller size and that the word or is a mutually exclusive criterion that does not require the unit of attachment or assignment to be organic to an infantry unit; b. the medical officers statement and evidence that...
ARMY | BCMR | CY2009 | 20090015595
There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge. His DA Form 20, item 41 (Awards and Decorations), contains no entry showing he was awarded the Combat Infantryman Badge. There is no evidence to show that the applicant was awarded the Combat Infantryman Badge while he served in Vietnam.
ARMY | BCMR | CY2010 | 20100016811
Application for correction of military records (with supporting documents provided, if any). Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, by Department of the Army General Orders 42 dated 1972; and b. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD...
ARMY | BCMR | CY2003 | 2003081300C070212
APPLICANT REQUESTS: In effect, reconsideration of his previous application to correct his records by awarding him the Combat Infantryman Badge. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. There is no evidence, and the applicant has provided none, that would indicate that he was awarded the Combat Infantryman Badge or that he was recommended for this award during his tour of duty in the Republic of Vietnam.
ARMY | BCMR | CY2006 | 20060010106C071029
It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in. However, there are no orders, or other documents on file that show he was ever recommended for, or awarded either the CIB or CMB while he was serving on active duty. The evidence of record confirms the applicant’s combat service in the RVN; however, combat service alone does not support award of the CMB or CIB.
ARMY | BCMR | CY2011 | 20110008670
IN THE CASE OF: BOARD DATE: 28 June 2011 DOCKET NUMBER: AR20110008670 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The War Department received requests to award the Combat Infantryman Badge to non-infantry individuals and units employed as infantry during tactical emergencies. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed that the evidence provided (orders awarding the CIB to other officers in the unit and a statement from his former commander) supported...
ARMY | BCMR | CY2014 | 20140003274
It did not seem important to him at the time so he never requested the CIB. In addition to his regular duties working on helicopter turbine engines, he was required to do green line and flight line guard duty. c. During his time at An Khe, his unit received sniper and mortar attacks.