BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140007074
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 served in combat as a medic in Vietnam and he met the criteria for the CMB.
3. The applicant provides a 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 was inducted into the Army of the United States on
26 November 1965. Upon completion of initial entry training, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 23 November 1966 to 13 October 1967. Item 38 (Record of Assignments) shows he served with Headquarters Battery, 2nd Battalion, 40th Artillery from 23 November 1966 to 31 July 1967 and with Headquarters Battery, 54th Artillery Group from 1 August 1967 to 13 October 1967. The CMB is not included in item 41 (Awards and Decorations) of his DA Form 20.
4. He was released from active duty on 14 October 1967. His DD Form 214 does not show the CMB as an authorized award.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the CMB has been carefully considered.
2. The evidence shows he served in Vietnam and that he held a medical MOS. However, he was not assigned to an infantry unit or to a medical unit of company or smaller size that was organic to an infantry unit; he was assigned to an artillery battalion. As such, he does not meet the criteria for award of the CMB.
3. In view of the foregoing, there is no 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.
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