IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140019131
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, in effect, he provided medical aid to many people under combat conditions.
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 enlisted in the Regular Army on 18 September 1969. He was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:
a. Item 31 (Foreign Service) shows he served a tour of duty in the RVN beginning on 13 March 1970.
b. Item 38 (Record of Assignments) shows he served with the following units during his service in the RVN:
* Headquarters, 6th Convalescent Center, from 16 March to 27 April 1970
* 136th Medical Detachment, from 28 April to 12 July 1970
* 6th Convalescent Center, from 13 to 17 July 1970
* 349th Medical Detachment, from 18 July 1970 to 13 February 1971
4. He was released from active duty on 6 July 1971. 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. 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 his 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) AR20140019131
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ABCMR Record of Proceedings (cont) AR20140019131
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