IN THE CASE OF:
BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130020149
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 (CMB).
2. The applicant states:
a. he always felt he should have been awarded the CMB for his service as a medic in Vietnam with the 20th Engineer Battalion, 4th Infantry Division; and
b. it was assumed that any medic on the ground treating Soldiers or civilians, who were wounded or killed in action, would have been put in or recommended for the CMB.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he was inducted into the Army of the United States on 8 December 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist). He was honorably separated in the rank/grade of specialist four/E-4 on 21 November 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).
3. The applicants records show he served in the Republic of Vietnam (RVN) from on or about 28 March to 17 November 1968. He was assigned to Headquarters and Headquarters Company, 20th Engineer Battalion and performed duties as a "company aidman."
4. The applicants DD Form 214 shows he was awarded:
* National Defense Service Medal
* Vietnam Service Medal
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* One Overseas Service Bar
5. The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the CMB by proper authority while he was serving in the RVN.
6. On 21 November 1968, the applicant was honorably released from active duty after completing 1 year, 11 months, and 14 days of active military service of which 7 months and 24 days was foreign service.
7. Army Regulation 600-8-22 (Military Awards) provides that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's medical MOS and service in the Republic of Vietnam are not in question.
2. However, there is no evidence and the applicant did not submit any evidence to show he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which engaged in active ground combat. In fact, the evidence of record confirms and he admits he was assigned to an engineer company. Accordingly, absent any evidence confirming he served with a qualifying unit necessary for the award of the CMB, the regulatory criteria for this award has not been satisfied. As a result, there is insufficient evidence upon which to base award of the CMB 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.
ABCMR Record of Proceedings (cont) AR20130020149
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ABCMR Record of Proceedings (cont) AR20130020149
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