IN THE CASE OF:	  

		BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140010032 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Medical Badge (CMB).

2.  The applicant states he was able to locate a copy of his orders for award of the CMB from a fellow Soldier who is also listed on the order.

3.  The applicant provides:

* Special Orders Number 263
* Special Orders Number 330
* DD Form 214
* Honorable Discharge Certificate
* Identification and Privilege Card
* 5 photographs
* a letter
* a memorandum
* an Army Medical Services Activity Report

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 military records are not available to the ABCMR for review.  A fire destroyed approximately 18 million service members' records at National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered based on documents provided by the applicant and the applicant's DD Form 214.

3.  On 19 February 1968, the applicant was inducted into the Army of the United States and he was awarded military occupational specialty 52B (Powerman).  On 15 December 1969, he was honorably released from active duty as a U.S. Army Vietnam overseas returnee in the rank of specialist four and transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 9 months, and 27 days of active service of which 1 year and 
1 day was listed as foreign service with no lost time.

4.  Special Orders Number 330, issued by Headquarters, 25th Infantry Division, dated 26 November 1969, award the applicant the CMB (1st Award) while serving as a member of the 40th Medical Detachment.

5.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Good Conduct Medal

6.  The applicant provides Special Orders Number 263, issued by Headquarters, 25th Infantry Division, dated 20 September 1969, which show the applicant, while assigned to the 40th Medical Detachment, was attached for rations and quarters to Headquarters and Headquarters Company, 1st Brigade, for the period              10 August to 15 September 1969 to provide dental service to the 1st Brigade Fire Support Bases.


7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 40th Medical Detachment was cited for award of the:

   a.  Meritorious Unit Commendation for the period 1 January to 31 October 1969 by Department of the Army General Order (DAGO) Number 39, dated 1970;  
   
   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 September 1969 to 30 September 1970 by DAGO Number 5, dated 1973; and
   
   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 23 May 1966 to 21 January 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the CMB.  Therefore, his DD Form 214 should be corrected to show this badge.

2.  On 15 December 1969, the applicant arrived in the Continental United States as an overseas returnee from his service in the Republic of Vietnam.  His
DD Form 214 shows he served 1 year and 1 day of foreign service.  It is reasonable to presume he arrived in the Republic of Vietnam on or about
14 December 1968 and he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his previously-awarded Vietnam Service Medal.

3.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

   a.  deleting the Vietnam Service Medal from his DD Form 214; and

   b.  adding to his DD Form 214 the:

* CMB
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      __________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)                                         AR20140010032



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ABCMR Record of Proceedings (cont)                                         AR20140010032



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