IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20140020069 


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 award of the Combat Medical Badge, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and a grenade qualification badge. 

2.  He also requests reissuance of all medals, dog tags, and the “Medical Dress Rope.” 

3.  The applicant states:

   a.  The above awards were earned, but they were never documented on his 
DD Form 214 (Report of Transfer or Discharge).  He was in the Republic of Vietnam (RVN) 6 days less than a year which may explain why some of the awards are not listed on his DD Form 214.  

   b.  He and Private First Class (PFC) C____ served in the same unit and PFC C____ was awarded the Combat Medical Badge, but it was left off of his
DD Form 214.

4.  The applicant provides a copy of his DD Form 214 and the Virtual Wall Vietnam Veterans Memorial web-page for PFC C____.

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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This subject will not be further addressed in this Record of Proceedings.

3.  On 17 February 1966, the applicant was inducted into the Army of United States Army; he completed the training requirements and he was awarded military occupational specialty (MOS) 91B (medical specialist).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in:

* item 29, he qualified as an Expert with the M-14 Rifle
* item 38, he served in Vietnam with the 546th Medical Detachment from 7 March 1967 to 9 February 1968 and he had exclusively “Excellent” conduct and efficiency ratings throughout his period of active service 
* item 41, he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), one overseas service bar, and Air Medal.

5.  Available orders show he qualified as an Expert with the M-14 Rifle and he was promoted to specialist five/pay grade E-5 on 24 October 1967.  Orders Number 6026, dated 26 December 1967, issued by Headquarters, 1st Aviation Brigade awarded him the Air Medal.

6.  The available evidence does not show the applicant was awarded the Combat Medical Badge or qualified with any weapon except the M-14 Rifle.  There is no discrediting information available that might have disqualified him for award of the Army Good Conduct Medal.  

7.  On 11 February 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 lists his awards as the: 
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
(M-14)

8.  In support of his application the applicant submitted a copy of the Virtual Wall web-page which shows PFC C____ was a member of the 546th Medical Detachment and he was awarded the Combat Medical Badge.  This page was last updated in 2009.

9.  The Virtual Wall web-page for PFC C____ is currently available on the World Wide Web was last updated in 2012 and does not show he was awarded the Combat Medical Badge.

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  The applicant appears to qualify for other awards as follows:

	a  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register lists designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Campaign Medal.  The three campaign periods coinciding with the applicant’s tour of duty are the Vietnamese Counteroffensive Phase II from 1 July 1966 to 31 May 1967, Vietnamese Counteroffensive Phase III from I June 1967 to 29 January 1968, and the Tet Counteroffensive from 30 January to 1 April 1968.


	b.  Department of the Army General Order Number 8, dated 1974 awarded the RVN Gallantry Cross with Palm to U.S. Army Vietnam and all subordinate units for the period 20 July 1965 to 28 March 1973.

	c.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  They are not awards but where they are listed as such on a DD Form 214 Board policy is to correct them as necessary.  One overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

	d.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Qualifying periods include – continuous enlisted active Federal military service, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, correction of his records to show award of the Combat Medical Badge, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and a grenade qualification badge.

2.  The available evidence does not support that the applicant was awarded the Combat Medical Badge.  Furthermore, there is no evidence showing he was assigned or attached to a medical unit that was organic to an infantry unit.  It appears he is not eligible to be awarded the Combat Medical Badge.

3.  There is no evidence of any weapons qualification other than the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), which is already shown on his DD Form 214.

4.  The applicant served in Vietnam during three designated campaign periods and he is authorized to wear three bronze service stars on the already-awarded Vietnam Service Medal.

5.  His unit was authorized the RVN Gallantry Cross with Palm Unit Citation.
   
   
6.  The applicant served in Vietnam during 12 calendar months and he is authorized two Overseas Service Bars.

7.  The applicant distinguished himself by his offense-free behavior, exclusively excellent conduct and efficiency ratings, and his promotion to pay grade E-5.  Notwithstanding the absence of a recommendation for the Army Good Conduct Medal, it should be awarded at this time.

8.  The above mentioned authorized awards should be added to the applicant’s DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

   a.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period of service from 17 February 1966 to 11 February 1968;
   
   b.  deleting the Vietnam Service Medal and one Overseas Service Bar from the awards currently listed on his DD Form 214; and
   
   c.  adding to the following awards to his DD Form 214: 
   
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Two Overseas Service Bars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the individual the Combat Medical Badge or any additional weapons qualification badges.



      __________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)                                         AR20140020069





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ABCMR Record of Proceedings (cont)                                         AR20140020069



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