IN THE CASE OF:  	  

		BOARD DATE:  21 October 2014  	  

		DOCKET NUMBER:  AR20140005117 


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 in Vietnam for 9 months before he was wounded.  He lost his right arm as a result of his injuries.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* DA Form 20 (Enlisted Qualification Record)
* orders for the Bronze Star Medal with "V" Device, Air Medal, and Purple Heart
* copies of his U.S. Uniformed Service Identification Card, driver's license, and social security card
* AGPZ Form 977 (Data for Retired Pay)
* DA Form 1577 (Authorization for Issuance of Awards)

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 was inducted into the Army of the United States on 20 March 1968.  He was awarded military occupational specialty (MOS) 91A (Medical Corpsman) upon completion of initial entry training.

3.  U.S. Army Training Center, Fort Lewis, WA, Special Orders Number 130, dated 10 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 shows:

	a.  he served in Vietnam from 6 September 1969 to 9 December 1969;

	b.  he was assigned to Headquarters and Headquarters Company (HHC), 
2nd Battalion, 503rd Infantry during the period 10 September-20 October 1969 and to HHC, 2nd Battalion, 12th Infantry during the period 20 October-
9 December 1969.

5.  Headquarters, 25th Infantry Division, General Orders Number 762, dated 
23 January 1970, awarded him the Air Medal.

6.  Headquarters, 25th Infantry Division, General Orders Number 3555, dated 
27 March 1970, awarded him the Bronze Star Medal with "V" Device for heroic actions in connection with military operations against a hostile force on 
9 December 1969.  The reason for the award reads as follows:  "While on a reconnaissance operation, elements of B Troop came in contact with a large enemy force.  During the initial contact, they sustained several casualties.  With complete disregard for his own safety, [the applicant] advanced through the intense enemy small arms fire in order to give life saving aid to his fellow Soldiers.  After aiding the wounded, [the applicant] began placing suppressive fire on the hostile force."

7.  He was retired by reason of permanent disability on 29 June 1970.  His 
DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  There is no evidence in the applicant's available records indicating he was awarded the Combat Medical Badge.

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.  

10.  Army Regulation 600-8-22 states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for two campaigns.

11.  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 that during his assignment to the 2nd Battalion, 503rd Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 
26 September 1970by Department of the Army General Orders /(DAG) Number5 dated 1971.

12.This pamphlet also shows that during his assignment to the 2nd Battalion, 12th Infantry, his unit was cited in general orders for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970. by DAGO Number 51 dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Combat Medical Badge has been carefully considered.

2.  General orders show he was awarded the Bronze Star Medal with "V" Device for heroic actions against a hostile force on 9 December 1969; however, this award is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Evidence further shows he served in a medical MOS and that on 9 December 1969, while he was assigned to an infantry unit, he advanced through intense enemy small arms fire in order to provide life saving aid to his fellow Soldiers.  It is clear he met the eligibility criteria for award of the Combat Medical Badge.  Therefore, he should be awarded the Combat Medical Badge for actions on 
9 December 1969 and this award should be added to his DD Form 214.

4.  General orders awarded him the Air Medal.  This award should be added to his DD Form 214.

5.  He was awarded the Vietnam Service Medal with one bronze service star; however, he participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to reflect these bronze service stars.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  This badge should also be added to his DD Form 214.

7.  His units in Vietnam were cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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.  deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star;
	b.  awarding him the Combat Medical Badge for actions on 9 December 1969; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Air Medal
* Combat Medical Badge 
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 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)                                         AR20140005117



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005117



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1