IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130014000
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Combat Medical Badge (CMB).
2. He states he served in Republic of Vietnam (RVN) from June 1972 to March 1973 and was awarded the CMB.
3. He does not provide any additional 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 enlisted in the Regular Army on 20 December 1971. He was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist). He was honorably discharged on 19 September 1973 for immediate reenlistment which was accomplished the following day. He was discharged from active duty on 8 February 1978. He was credited with completing a total of 6 years, 4 months, and 21 days of active duty service.
3. His DD Forms 214 do not show award of the CMB.
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show that he was assigned to a medical unit that was attached to an infantry unit. This form shows:
a. On 26 June 1972, he was assigned to the 95th Evacuation Hospital, in the RVN in duty MOS 91A, as a medical corpsman.
b. On 25 July 1972, he was reassigned to the Medical Holding Detachment, U.S. Army Hospital, Okinawa, as a patient.
5. Special Orders Number 240, dated 27 August 1972, show that the applicant was directed to proceed on a permanent change of station to the 95th Evacuation Hospital, RVN. His inprocessing worksheet shows he reported to the unit on 29 August 1972.
6. There are no orders or documentation that show when the applicant was reassigned from the RVN to the continental United States. However, item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned in the RVN from 18 June 1972 through 23 February 1973 for a total of 8 months.
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, 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 request for award of the CMB was carefully considered.
2. During his service, award of the CMB was limited to medical department personnel who were assigned or attached to a medical unit of company or smaller size organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat. The available evidence does not show, nor has he provided evidence showing, he was assigned to a medical unit organic to an infantry unit of brigade or smaller size. Therefore, there is no basis for awarding him the CMB under these criteria.
3. In view of the foregoing, there is no 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 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) AR20130014000
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ABCMR Record of Proceedings (cont) AR20130014000
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