IN THE CASE OF:	  

		BOARD DATE:	    5 November 2014

		DOCKET NUMBER:  AR20140006711 


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 records to show he performed duties as a combat medic for 7 months. 

2.  The applicant states he held the position of combat medic on the day he was wounded in Vietnam.  He believes this should be documented in his file. 

3.  The applicant provides:

* DD Form 728 (Doctor's Orders), dated on various dates in 1970
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 26 June 1970
* Standard Form 88 (Report of Medical Examination), dated 22 June 1970
* Standard Form 504 (Clinical Record), undated
* Standard Form 505 (Clinical Record - History), dated 8 May 1970

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's records show he enlisted in the Regular Army for 2 years on 19 September 1968.  He completed basic combat and advanced individual training at Fort Lewis, WA, and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On or about 21 February 1969, he was reassigned to Fort Benning, GA where he was enrolled in the Noncommissioned Officer Candidate Course, Class 3-69,  MOS 11F (Intelligence and Operations Specialist). 

4.  On 3 March 1969, Headquarters, The Candidate Brigade (Provisional), U.S. Army Training Center, Fort Benning, GA published Special Orders (SO) Number 49, which awarded him MOS 11F and withdrew MOS 11B.  These orders were issued prior to his completion of training.

5.  On 29 April 1969, Headquarters, The Candidate Brigade (Provisional), U.S. Army Training Center, Fort Benning, published SO Number 103:

* reducing him to private/E-2 and withdrew MOS 11F, for failure to complete training
* reassigning him to the Casual Company, Student Infantry School, pending further reassignment

6.  On 6 May 1969, Headquarters, The Candidate Brigade (Provisional), U.S. Army Training Center, Fort Benning, published SO Number 109 ordering him reassigned to the U.S. Army Overseas Replacement Station, Oakland, CA effective 3 June 1969 for forward movement to Vietnam.  

7.  He served in Vietnam from 7 July 1969 to 8 May 1970.  He was assigned as follows: 

* as a rifleman in MOS 11B, to Headquarters and Headquarters Company (HHC), 1st Battalion, 52nd Infantry Regiment, from 20 July 1969 to 31 July 1969
* as a forward observer, in MOS 11C (Indirect Fire Crewmember), to HHC, 1st Battalion, 52nd Infantry Regiment , from 1 August 1970 to 28 April 1970

8.  On 30 September 1969, Company C, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade, Americal Division, Vietnam, published SO Number 375, which advanced him to private first class (PFC)/E-3, effective 10 September 1969, in MOS 11B. 

9.  On 15 November 1969, Headquarters, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade, Americal Division, Vietnam, published SO Number 85, which advanced him to specialist four/E-4, effective 5 November 1969, in MOS 11B. 

10.  On 1 January 1970, Headquarters, Americal Division, Vietnam, published General Orders (GO) Number 26, which awarded him the Army Commendation Medal for meritorious achievement while assigned to Company C, 1st Battalion, 52nd Infantry Regiment, from 15 September 1969 to 15 December 1969. 

11.  On 1 February 1970, Headquarters, Americal Division, Vietnam, published SO Number 32, awarding him the Combat Infantryman Badge, while assigned in MOS 11B to Company C, 1st Battalion, 52nd Infantry Regiment.

12.  On 16 April 1970, Headquarters, Americal Division, Vietnam, published GO Number 4000, which awarded him the Purple Heart for wounds received in action on 15 April 1970 while assigned to Company C, 1st Battalion, 52nd Infantry Regiment.

13.  On 20 April 1970, he was reassigned to and received treatment at the Medical Holding Company, 249th General Hospital.  On 8 May 1970, he was further reassigned as a patient to the Medical Holding Company, Letterman General Hospital, San Francisco, CA. 

14.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 22 (MOS), primary MOS (PMOS) 11B and secondary MOS 11F; it does not list a medical specialty
* Item 38 (Record of Assignments) shows his duty MOS as either 11B, 11F, or 11C; it does not list a medical specialty

15.  He was honorably released from active duty on 26 June 1970.  His DD Form 214 shows in:

* item 23a (Specialty Number and Title) - 11F4O Intelligence and Operations
* item 25 (Education and Training Completed) - None



16.  He provides: 

* DD Form 728, dated on various dates in April 1970 and lists his treatment and medication
* Standard Form 88, which shows he underwent a separation physical on 22 June 1970 at Letterman General Hospital.  It shows in item 17 (Rating and Specialty/Time in Capacity), the entry "11B Infantry, 91B Medic,         7 months"
* Standard Form 504, undated, that shows the entry "21 year old corpsman with gunshot wound to the chest"
* Standard Form 505, dated 8 May 1970, that shows "patient is a medic" 

17.  On 18 August 2005, the Board denied his petition for award of the Combat Medical Badge.  

18.  On 24 August 2006, the Board again denied his second request for award of the Combat Medical Badge.  The Board also denied his request for a second award of the Purple Heart. 

19.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document was to provide the individual with documentary evidence of his or her military service.  Chapter 2 contained guidance on the preparation of the DD Form 214.  Item 23 shows the PMOS code number and title.

20.  Army Regulation 611-201, in effect at the time, prescribes the criteria for award of enlisted MOS.  It states formal training is required for all medical MOS.  The only exception was for those individuals who had received formal civilian training and were certified or licensed for the specialty for which they were enlisting.  There were no provisions to award a medical MOS based on or for "on the job training." 

21.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who meet three conditions: be an infantryman satisfactorily performing infantry duties., assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.

	b.  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.

22.  Army Regulation 672-5-1 (Awards) states in paragraph 8-6d if a Soldier has been awarded the Combat Infantryman Badge for service in any of the Vietnam era areas, the Soldier is not eligible to receive the Combat Medical Badge. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should show he performed duties as a combat medic for 7 months.  His claim is rejected on multiple levels.   

	a.  Although he does not specify what record is to be corrected, entries pertaining to the PMOS and duty MOS are recorded on the DA Form 20.  

		(1)  His DA Form 20 clearly shows he was trained in and held an infantry MOS.  More importantly, this form was a locally-maintained form with input from the unit while the member was in an active status in the Army.  This form has been obsolete for some 40 years and its replacements, the also-obsolete         DA Form 2-1 (Personnel Qualification Record) and the current electronic Enlisted Record Brief are no longer updated after the member's separation from the Army. 

		(2)  The information contained in the DA Form 20 must reflect the conditions and circumstances that existed at the time the record was created.  In the absence of evidence confirming his training in, award of, or performance in a medical MOS, there is no basis to change the DA Form 20. 

	b.  The other document that reflects the military specialty is the DD Form 214.  
		(1)  In his case, he was trained in and held MOS 11B.  The evidence clearly shows he did not complete training in MOS 11F and the MOS was withdrawn.  Although his DD Form 214 erroneously lists his PMOS as 11F, this MOS is not an issue of contention here.  The evidence of record clearly shows he was trained in and held MOS 11B and performed in that MOS in Vietnam.  He was advanced in rank in that MOS as well. 

		(2)  There is nothing in his records that shows he was trained in, was awarded, performed in, or held a medical MOS.  Therefore, item 23a of his DD Form 214 would not list a medical MOS. 

	c.  He was awarded the Combat Infantryman Badge in February 1970.  This award is awarded to infantry Soldiers, not to medical Soldiers.  Additionally, if he was awarded the Combat Infantryman Badge in February 1970 and he was released from active duty in June 1970, he could not have possibly performed in a medical MOS for 7 months as he contends.  

	d.  The documents he provides were created at Letterman General Hospital around the time of his separation.  None were created in Vietnam and the entries pertaining to being a medical specialist are not supported by evidence, such as formal training, award of an MOS, assignment as a medic, or an award reflecting his duties as a medic. 

2.  He did not provide sufficient evidence to substantiate his contention that he served as a combat medic.  As such, he is not entitled to the 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)                                         AR20140006711



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ABCMR Record of Proceedings (cont)                                         AR20140006711



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