IN THE CASE OF:	

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140006082 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Medical Badge.

2.  The applicant states:

* he was awarded the badge, but he never received it since he was evacuated to Okinawa
* he left Vietnam early
* he would like to have the badge for his grandson

3.  The applicant provides:

* a Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) letter, dated 27 July 1971
* Combat Medical Badge orders
* DD Form 214

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 28 November 1969 for 2 years.  He completed training and was awarded military occupational specialty (MOS) 91B (medical specialist).  He arrived in Vietnam on 1 February 1971, where he served in MOS 91B while assigned to Company D, 1st Battalion, 77th Armor Regiment, 1st Brigade, 5th Infantry Division, from 23 February 1971 until he was transferred to Okinawa on 15 April 1971 for medical treatment.  He participated in one campaign during his assignment in Vietnam.

3.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) Special Orders Number 124, dated 4 May 1971, show he was awarded the Combat Medical Badge.

4.  A Standard Form 93 (Report of Medical History), dated 10 July 1971, shows he underwent a parotidectomy (surgical excision of the parotid gland, the major and largest of the salivary glands) in Okinawa in April 1971.

5.  On 27 August 1971, he was honorably released from active duty in the rank of specialist four after completing 1 year and 9 months of creditable active service with no lost time.

6.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16)

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

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 1st Battalion, 77th Armor Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 8 February to 30 April 1971 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  Special orders show the applicant was awarded the Combat Medical Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

2.  He was released from active duty in the rank of specialist four with 1 year and 9 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 28 November 1968 through 27 August 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in one campaign during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one bronze service star.  His DD Form 214 should be corrected to show this service star.

4.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.



BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 November 1969 through 27 August 1971,

	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Medical Badge
* one bronze service star for his already-awarded Vietnam Service Medal

	c.  issuing him the Combat Medical Badge.



      ___________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)                                         AR20140006082



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ABCMR Record of Proceedings (cont)                                         AR20140006082



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