IN THE CASE OF:	  

		BOARD DATE:	  15 April 2014

		DOCKET NUMBER:  AR20130013922 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* two awards of the Army Commendation Medal (ARCOM), one award for valor
* Combat Medical Badge (CMB)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)  

2.  The applicant states he earned the CMB while working with the 25th Infantry where he was in combat several times. 

3.  The applicant provides:

* special orders for the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* reassignment orders, dated 1 April 1971
* orders and award certificate for the ARCOM with "V" Device
* orders, citation, and award certificate for the ARCOM
* 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 enlisted in the Regular Army on 21 January 1969 for a period of 3 years.  He completed his training and was awarded military occupational specialty (MOS) 91B (medical specialist).  

3.  Special orders, dated 18 September 1970, show he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

4.  He arrived in Vietnam on 11 January 1971.  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 91B in the following assignments in Vietnam:

* Headquarters and Headquarters Company (HHC), 2nd Battalion, 
      12th Infantry of the 25th Infantry Division from 20 January 1971 to 
      25 February 1971
* HHC, 3rd Battalion, 22nd Infantry of the 25th Infantry Division from 
      26 February 1971 to 12 April 1971
* 95th Evacuation Hospital from 13 April 1971 to 19 December 1971

5.  General orders, dated 5 April 1971, show he received the ARCOM with "V" Device for heroism on 2 March 1971 in Vietnam.  The narrative reason for this award shows he distinguished himself by heroism in connection with military operations against a hostile force on 2 March 1971 while serving with Company C, 2nd Battalion, 12th Infantry, 2nd Brigade, 25th Infantry Division.

6.  On 20 December 1971, he was honorably released from active duty.

7.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)    

8.  General orders, dated 31 December 1971, show he received the ARCOM for meritorious service during the period January 1971 to December 1971 in Vietnam.   

9.  There are no orders for the CMB in the available records.

10.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the CMB.

11.  Records show he participated in three campaigns during his assignment in Vietnam.

12.  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 the 95th Evacuation Hospital was cited for award of the Meritorious Unit Commendation (MUC) for service during the period 1 May 1970 to 30 April 1971 in Department of the Army General Orders (DAGO) 
43, dated 1972.

13.  DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  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.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  

16.  Army Regulation 670-1 governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded two awards of the ARCOM, one award for valor.  Therefore, his DD Form 214 should be corrected to show the ARCOM with "V" Device (2nd Award).

2.  Orders show he received the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.   

3.  The applicant contends he earned the CMB while assigned to the 
25th Infantry Division.  

4.  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.

5.  Evidence shows the applicant held a medical specialty and he was assigned to Company C, 2nd Battalion, 12th Infantry of the 25th Infantry Division while that unit was engaged in active ground combat in Vietnam.  Therefore, there is sufficient evidence on which to base adding the CMB to his DD Form 214.

6.  He participated in three campaigns during his assignment in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  His DD Form 214 should be corrected to show these service stars.

7.  His unit in Vietnam (95th Evacuation Hospital) was cited for award of the MUC during his period of assignment.  His DD Form 214 should be corrected to show this unit award.

8.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

9.  His DD Form 214 shows one award of the Overseas Service Bar.  However, based on his service in Vietnam from 11 January 1971 to 19 December 1971, he is eligible for two Overseas Service Bars.  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 the entry "1O/S BAR" from his DD Form 214; and  

	b.   adding the ARCOM with "V" Device (2nd Award), CMB, Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Overseas Service Bar (2nd Award) and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.




      _____________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)                                         AR20130013922





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ABCMR Record of Proceedings (cont)                                         AR20130013922



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