IN THE CASE OF:	   

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20130018266 


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 award of the Combat Medical Badge.

2.  The applicant states he served as a medic in Ben Chan and in Saigon, Vietnam during the Tet Offensive and that he was wounded during this timeframe.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 April 1969. 

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.  On 31 May 1967, he was inducted into the Army of the United States.  He completed the training requirements and he was awarded military occupational specialty 91B (Medical Corpsman).

3.  He was assigned to Headquarters and Headquarters Company (HHC), 
199th Infantry Brigade in the Republic of Vietnam from 18 January to 31 January 1968.

4.  Commanding General, U.S. Army Vietnam, Long Binh, Republic of Vietnam (CG USARV LBN RVN) Message 031621Z March 1968 reported the applicant was wounded when his unit engaged a hostile force in a firefight on 31 January 1968.  His wound was a result of hostile action.  He was transferred to the 93rd Evacuation Hospital and held.

5.  The Vietnam casualty listing reports the applicant was wounded as a result of hostile action on 31 January 1968.

6.  On 8 April 1969, he was released from active duty.  He completed 1 year, 
10 months, and 8 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Purple Heart
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is also no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not list any indiscipline, lost time, or adverse information.  He received conduct and efficiency ratings of “excellent” throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  During the time of the applicant’s assignment to the HHC, 199th Infantry Brigade the unit was awarded the:

* Valorous Unit Award - 31 January - 19 February 1968
* Meritorious Unit Commendation (Army) - 31 January 1968 - 15 June 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 31 January - 19 February 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 12 December 1966 - 31 August 1970

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	c.  Table B-1 includes the following Vietnam campaigns: 

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 
	29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. 

	a.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  

	b.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  CG USARV LBN RVN Message 031621Z and the Vietnam casualty listing are sufficient evidence to show he was personally present and under fire while his unit was engaged in active ground combat.  Therefore, he is entitled to the Combat Medical Badge.

2.  The applicant's records do not show indiscipline or lost time, and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 31 May 1967 to 8 April 1969 ending with termination of a period of Federal military service.

3.  Based on his service with HHC, 199th Infantry Brigade he is authorized the:

* Valorous Unit Award
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  He participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his already-awarded Vietnam Service Medal.  

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.  awarding him the Combat Medical Badge, effective 31 January 1968;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
31 May 1967 to 8 April 1969;

	c.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with two bronze service stars
* Combat Medical Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130018266



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ABCMR Record of Proceedings (cont)                                         AR20130018266



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