BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018399
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.
2. The applicant states, in effect, he would have received this badge in approximately August 1969. He was in combat the first month he was in Vietnam. Unfortunately, he was told his service records were burned in a fire but he has enclosed a newspaper article for documentation.
3. The applicant provides an undated newspaper article and two unidentified photographs.
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 29 February 1968, he enlisted in the Regular Army for 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. He was assigned to Company D, 2nd Battalion, 8th Infantry, 4th Infantry Division in the Republic of Vietnam, with the principal duty of an aidman, from
16 April 1969 to 12 February 1970.
4. On 13 February 1970, he was assigned to the Medical Holding Company, 106th General Hospital, U.S. Army Pacific, in a patient status.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Medical Badge.
6. On 26 February 1970, he was released from active duty. He completed
2 years, 11 months, and 28 days of active service that was characterized as honorable.
7. There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Combat Medical Badge.
8. The applicant submitted an undated newspaper article that reports he was awarded the Combat Medical Badge in Vietnam and two unidentified photographs.
9. 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.
DISCUSSION AND CONCLUSIONS:
The applicant was assigned to an infantry company in the Republic of Vietnam and he held MOS 91B. The newspaper article in and of itself is insufficient evidence to award the Combat Medical Badge without supporting evidence to corroborate the information. There are no orders in his MPRJ awarding him the Combat Medical Badge. There is no evidence the infantry company he was assigned to was in contact with the enemy and that the applicant was personally present and under fire at the time. Therefore, regrettably, there is insufficient evidence to award the Combat Medical Badge in this case.
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.
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