IN THE CASE OF:	  

		BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130021013 


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 he served as a combat medic with 1st Battalion, 26th Infantry Regiment, and he was wounded in combat in Vietnam.  He was awarded the Purple Heart, but he was not awarded the Combat Medical Badge.

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 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 5 December 1967 for a period of 3 years and training as a medical specialist.  He completed basic training at Fort Lewis, Washington; advanced individual training at Fort Sam Houston, Texas; and airborne training at Fort Benning, Georgia.  He was transferred to Fort Bragg, North Carolina, for his first assignment.

3.  On 13 August 1968, he was transferred to Vietnam and was assigned to 1st Battalion, 26th Infantry Regiment.

4.  On 29 October 1968, he received fragment wounds to his head during combat operations with the enemy.  He was evacuated to a hospital in Japan and then to Letterman General Hospital in California.  He was awarded the Purple Heart in General Orders Number 225 issued by the 24th Evacuation Hospital on 31 October 1968.  He participated in two campaigns while serving in Vietnam.

5.  On 12 December 1970, he was honorably released from active duty at Oakland Army Base, California, due to the expiration of his term of service.  He completed 3 years and 8 days of active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Vietnam Service Medal.

6.  On 30 September 2005, the National Personnel Records Center in St. Louis, Missouri, issued an authorization to issue medal sets to the applicant for the following awards:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

7.  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.

8.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but:

* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty

9.  Army Regulation 600-8-22 states the Vietnam Service Medal was awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving as a combat medic in an infantry company at the time he was wounded in action against the enemy on 29 October 1968.  Accordingly, he meets the criteria for award of the Combat Medical Badge and it should be awarded effective 29 October 1968 and added to his DD Form 214.

2.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Ribbon with Device (1960) and it should be added to his DD Form 214 along with awards of the Purple Heart, Parachutist Badge, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Ribbon with Device (1960), Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

3.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Therefore, he is entitled to have these unit awards 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:

1.  The Board determined the evidence presented is 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:

* awarding him the Combat Medical Badge effective 29 October 1968
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Medical Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  
The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20130021013



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ABCMR Record of Proceedings (cont)                                         AR20130021013



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