IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130021115
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 he should have been awarded the CMB based on his service in Vietnam during his first tour. He contends that Captain D., who was in his unit and who was in the same combat situation, received the award. He adds that he is a Vietnam veteran and he should have received the award at the same time his fellow Soldiers did. He took care of servicemen injured by artillery fire while he was under fire.
3. The applicant provides no additional evidence.
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 26 September 1956. He reenlisted on 29 June 1959 and on 29 June 1965.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 26 July 1965 to 14 July 1966 and from 7 October 1969 to 28 June 1970. His DA Form 20 also shows he was assigned to the 2nd Medical Dispensary as a Medical Specialist during his first tour of duty in Vietnam. His DA Form 20 does not show the CMB as an authorized award.
4. He reenlisted on 29 June 1971. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period
29 June 1965 through 28 June 1971 that does not include the CMB as an authorized award.
5. He was retired in the rank of sergeant first class on 30 September 1976.
6. There is no evidence in his military records that shows he was recommended for or awarded the CMB or evidence indicating he engaged in active ground combat while serving in Vietnam.
7. Army Regulation 600-8-22 (Military Awards) states 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the CMB based on his first tour of duty in Vietnam has been carefully considered.
2. The evidence of record shows he performed duties as a Medical Specialist during his first tour of duty in Vietnam. However, it does not sufficiently show he engaged in active ground combat while in Vietnam. Additionally, he was assigned to the 2nd Medical Dispensary and not to a medical unit or company or smaller size that was organic to an infantry unit.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130021115
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ABCMR Record of Proceedings (cont) AR20130021115
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