IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130010726
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, in effect:
* he was awarded the CMB on 14 February 1968 in Vietnam for daily duty in a war zone
* a few months later he got a new commander and had to forfeit the award
* he was in a war zone from 1 January 1968 to 9 November 1968
3. The applicant provides no additional documentary 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 was inducted into the Army of the United States on
17 November 1966. He completed his training and was awarded military occupational specialty (MOS) 91B (medical corpsman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in duty MOS 91B assigned to Company A, 15th Medical Battalion of the 1st Cavalry Division in Vietnam from 8 January 1968 to 7 November 1968 as a medical specialist.
4. On 8 November 1968, he was released from active duty.
5. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the CMB as an authorized award.
6. Item 41 (Awards and Decorations) of his DA Form 20 shows:
* a typed entry for CMB orders, dated March 1988, but this entry is crossed/lined out
* a handwritten entry for the same CMB orders mentioned above
7. There are no orders for the CMB in the available records.
8. 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 he was awarded the CMB in February 1968 in Vietnam and a few months later he got a new commander and had to forfeit the award. Notwithstanding the handwritten entry on his DA Form 20, the lined out typed entry corroborates his contention that his commander, for an unknown reason, made him forfeit the badge. He provides insufficient evidence to show why that commander made an improper decision.
2. The governing regulation for award of the CMB states the CMB may be awarded to medical department personnel 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. It also states that 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.
3. Unfortunately, the applicant has not provided any corroborating evidence showing he participated in ground combat with an infantry unit.
4. Evidence shows he held a medical specialty. However, there is no evidence of record which shows he 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 while that unit was engaged in active ground combat in Vietnam. Regrettably, there is insufficient evidence on which to award the CMB at this time.
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) AR20130010726
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ABCMR Record of Proceedings (cont) AR20130010726
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