IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130008898
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 (CMB).
2. The applicant states he served in Vietnam from 15 June 1969 to 15 June 1970. His unit was constantly in combat situations and he treated infantry Soldiers of both the U.S. Army and Army of the Republic of Vietnam (RVN) who were attached to the compound and medically evacuated by helicopter. His commanding officer was reassigned and this may account for being overlooked for award of the CMB. His commander also requested award of the Bronze Star Medal, but he's not certain this actually occurred.
3. The applicant provides a copy of 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 enlisted in the Regular Army on 31 August 1967 for a period of 3 years. He was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service), he served in Vietnam from 15 June 1969 through 14 June 1970;
b. item 38 (Record of Assignments), he served in MOS 91B as a medical specialist while assigned to the 29th Civil Affairs Company from 20 June 1969 through 12 June 1970; and
c. item 41 (Awards and Decorations), no entry for the CMB.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 15 June 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
a. He completed 2 years, 9 months, and 15 days of total active service.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not list the CMB.
5. A review of the applicant's military personnel records failed to reveal any evidence that shows he was awarded the CMB.
6. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) did not provide specific guidance for award of the CMB. However, it did provide detailed guidance for award of the Combat Infantryman Badge, which was awarded to infantry personnel based on essentially the same criteria for award of the CMB to medical aid personnel assigned to infantry units. The regulation stated the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the CMB because he was constantly in combat situations and he treated infantry Soldiers of both the U.S. Army and Army of the RVN.
2. The evidence of record shows the applicant performed duty in MOS 91B and he was assigned to the 29th Civil Affairs Company while serving in the RVN.
a. There is no evidence that shows the applicant was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which was engaged in active ground combat and that he was personally present and under fire during such ground combat.
b. Based on the evidence of record, he was not eligible for the CMB.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the requested relief.
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 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) AR20130008898
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