IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140016233 


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) and correction of the narrative contained in the orders that awarded him the Army Commendation Medal (ARCOM) with "V" Device to show his duty title as "Combat Medic" vice "Ammo Handler."

2.  The applicant states, in effect, the duty title listed on his citation was incorrect because he was a medic, and he earned the CMB because he was a medic.

3.  The applicant provides no additional evidence in support of his request.

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 March 1966.  He held military occupational specialty (MOS) 91B (Medical Specialist) and attained the rank/grade of specialist five (SP5)/E-5.

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

* he held MOS 91B as his primary MOS, and it was the only MOS he was ever awarded
* he served on active duty from March 1966 through March 1969, and he served in MOS 91B during the entire period of active duty
* he served in the Republic of Vietnam from 28 February 1967 through       15 May 1968; however, it does not list the unit he served with or indicate what his duty title was at that time

4.  General Orders (GO) Number 2207, issued by Headquarters, 1st Infantry Division, Vietnam on 13 March 1968, awarded him the ARCOM with "V" Device for heroism on 8 December 1967.  These orders state:

	a.  The applicant "was serving as an ammunition handler in his battalion's fire support base near Bo Duc, approximately 3 kilometers form the Cambodian border.  Late at night, the base received an intensive mortar barrage, followed by massive ground assaults from a numerically superior Viet Cong force.  At the beginning of the attack, [the applicant] ran to his fighting position on the perimeter and prepared to defend the base with small arms fire.  When the insurgents began their massive assaults, it soon became necessary to engage them with direct, high explosive fire from the howitzers.  Although heavy automatic weapons fire and shrapnel from exploding mortar rounds were raking the area, [the applicant], with complete disregard for his own personal safety, made repeated trips between the ammunition storage area and the howitzer sections carrying boxes of artillery rounds.  Throughout the battle, he never allowed the intensive hostile fire to deter him from quickly and efficiently supplying ammunition to the howitzer sections and preparing it for firing.  His courage and determination under fire contributed significantly to the successful defense of the fire support base.  [The applicant's] actions are in keeping with the finest traditions of the military service and reflect great credit upon himself, the 1st Infantry Division, and the United States Army."

	b.  These orders further show at the time he was assigned to Battery B, 1st Battalion, 5th Artillery Regiment, presumably his parent organization.

5.  He was honorably released from active duty on 27 March 1969.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows:

* he held MOS 91B
* he completed 3 years of net active service, of which 1 year, 4 months, and 15 days were credited as foreign service
* his last duty assignment was listed as the 21st Evacuation Hospital, Fort Hood, Texas
* he was awarded the ARCOM with "V" Device

6.  Following a break in military service, he reenlisted in the regular Army on     27 July 1970 and was honorably discharged on 6 April 1972.  His DD Form 214 for this period shows he was previously awarded the ARCOM with "V" Device; however, it does not list the CMB.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command (HRC) failed to reveal any orders for the CMB.  However, ADCARS did contain his award orders for the ARCOM with "V" Device.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
It provides that the CMB may be awarded to members of the Army Medical Department (Colonels and below), assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.  Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy.  The sole criterion that qualifies medical personnel for award of the CMB is to be assigned or attached to an infantry unit engaged in active ground combat.   The CMB is authorized for award for the Republic of Vietnam Conflict, from 2 March 1961 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CMB and correction of the narrative reason contained in the orders that awarded him the Army Commendation Medal (ARCOM) with "V" Device, to show his duty title as "Combat Medic" vice "Ammo Handler," was carefully considered.

2.  The evidence of record shows the applicant held MOS 91B and that he was assigned to Vietnam.  The unit of his assignment is unknown; however, it appears that his unit of assignment may have been the 1st Battalion, 5th Artillery Regiment, which may have fallen under the operational or administrative control of the 1st Infantry Division, based on the citation from his ARCOM with "V" Device award orders.  

3.  His unit of assignment and his duty title or job during his service in Vietnam are unclear.  He may have been assigned as a medic or he could have been functioning as a rifleman or ammo handler, based on the Army's needs at the time.  Nevertheless, on the night of 8 December 1967, it is clear he was serving in the field with an artillery unit and he was carrying ammunition to the howitzers. The citation does not mention his service in a medical capacity by stating he rendered medical care, it states he carried ammunition to the howitzer sections.  He was acting in the capacity of an ammo handler on the night in question and therefore, there is no reason to correct his orders to show otherwise, since this is referring to his specific duties on one night and not his MOS in general.

4.  There is no evidence of record and the applicant has not provided any evidence to show he served with an infantry unit in Vietnam.  As such, there is insufficient evidence to justify awarding him the CMB.

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)                                         AR20140016233





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ABCMR Record of Proceedings (cont)                                         AR20140016233



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