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ARMY | BCMR | CY2013 | 20130014779
Original file (20130014779.txt) Auto-classification: Approved

		

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130014779 


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 desires reconsideration of his request to correct his record to show award of the Combat Medical Badge.

2.  The applicant states that he served in Vietnam as a combat medic assigned to Headquarters and Headquarters Company, 2nd Battalion, 506th Infantry Regiment.  He was attached to the 2nd Platoon, Alpha Company for 10 months and 9 days.  He believes he is entitled to the Combat Medical Badge.  He attributes the omission of this badge from his record to an unintentional clerical error by the orderlies in Headquarters and Headquarters Company and Alpha Company who were unsure of whose jurisdiction it was to issue orders for award of the Combat Medical Badge.  He attests that this badge means the same to him as a Combat Infantryman Badge means to a veteran combat infantryman.

3.  He provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* General Orders Number 14353, dated 8 December 1970
* 3 letters of commendation

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110014001 on 12 January 2012.

2.  The applicant provides new evidence that warrants reconsideration.

3.  The applicant's military records show he enlisted in the Regular Army on 8 July 1969.  He completed initial entry training and was awarded military occupational specialty 91B (Medical Corpsman).  He served in the Republic of Vietnam from 11 August 1970 to 19 June 1971.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments), he performed duties as a medical aidman and medical specialist in Vietnam while assigned to Headquarters and Headquarters Company, 2nd Battalion (Air Mobile), 506th Infantry Regiment, during the period 23 August 1970 to 17 June 1971. 

	b.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

	c.  item 41 (Awards and Decorations), special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

5.  The applicant's record contains and he also provides Headquarters, 101st Airborne Division (Air Mobile), General Orders Number 14353, dated                   8 December 1970, which awarded him the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam from 11 through 13 October 1970.  The citation for this award states that the applicant distinguished himself while serving as a medical aidman during combat operations in Thua Thien Province.  While on patrol, his platoon detonated a booby trap, seriously wounding two Soldiers.  Although aware of additional booby traps in the area, the applicant moved to the wounded men and administered emergency first aid.  On the following day, his platoon detonated another booby trap while corssing a landing zone and again the applicant administered aid to the wounded.  On the third day, while a Kit Carson scout was probing a mine field, he detonated a mine and was seriously wounded.  As the medical evacuation helicopter neared the landing zone, it came under hostile fire.  The applicant shielded the wounded man with his body and dragged him to safety until the enemy was silenced.  The applicant's personal bravery and devotion to duty were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army.

6.  There are no orders in his records and the applicant did not provide any orders that show he was awarded the Combat Medical Badge.

7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  On 20 June 1971, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5.  He completed 1 year, 11 months, and 13 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal with "V" Device
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Brave Eagle Coin

9.  The applicant provides three letters of commendation rendered by his platoon leader, company commander and battalion commander.  Each of these officers commended him for his outstanding professionalism, superlative performance of duty, and courage while serving as a field medical aidman in support of the infantry during combat.

10.  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.

11.  Army Regulation 600-8-22 contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign in which a member is credited with participating.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive, Phase VII.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Department of the Army General Orders Number 6, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 2nd Battalion, 506th Infantry Regiment (Airmobile) for actions during the period 1 March to 9 October 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  General orders awarded the applicant the Bronze Star Medal with "V" Device.
The narrative justification for this award clearly described his heroic actions while performing medical duties in support of the infantryman assigned to his unit while their infantry unit was engaged in active ground combat.  These general orders are accepted as evidence that he fulfilled the requirements for award of the Combat Medical Badge.  Therefore, he should be awarded the Combat Medical Badge for his actions in the Republic of Vietnam from 11 through 13 October 1970 and his DD Form 214 should be corrected to show this badge.

3.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 8 July 1969 through 20 June 1971 and to correct his DD Form 214 to show this award.

4.  Records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should be added to his DD Form 214.

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 amendment of the ABCMR’s decision in Docket Number AR20110014001, dated 12 January 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Medical Badge for his actions in the Republic of Vietnam from 11 through 13 October 1970;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 July 1969 through 20 June 1971;

	c.  deleting the Vietnam Service Medal from his DD Form 214; and

	d.  adding the following awards to his DD Form 214:

* Combat Medical Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _  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)                                         AR20130014779





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ABCMR Record of Proceedings (cont)                                         AR20130014779



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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