IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150000518
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 reconsideration of his request for 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. He states his request for the CMB was denied in his original case because he did not have a medical military occupational specialty (MOS). He adds that he found orders awarding him secondary MOS (SMOS) 91B (Medical Specialist).
3. He provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Self-authored statement
* Special Orders Number 113, dated 22 April 1968
* Special Orders Number 309, dated 4 November 1968
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080010460 on 7 October 2008.
2. He provides orders that show he was awarded SMOS 91B which were not previously reviewed by the ABCMR. Therefore, these orders warrant consideration by the Board.
3. The applicant's record shows he was inducted into the Army of the United States and entered active duty on 25 October 1966. He was trained in and awarded MOS 05B (Radio Operator). He served in the Republic of Vietnam (RVN) from 23 November 1967 through 17 October 1968.
4. The applicant's DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments) show during his RVN tour, he was assigned to Company B and Company D, 9th Medical Battalion, 9th Infantry Division, performing duties in MOS 05B as a radio operator from 3 December 1967 to 11 October 1968.
Item 38 contains no entries indicating the applicant ever performed duties in MOS 91B and/or as a medical specialist.
5. Special Orders Number 113, issued by Headquarters, 9th Infantry Division, dated 22 April 1968, awarded him SMOS 91B. These orders list his unit of assignment as Company D, 9th Medical Battalion.
6. On 17 October 1968, he was honorably released from active duty and credited with completing 1 year, 11 months, and 23 days of active military service.
7. Special Orders Number 309, issued by Headquarters, 9th Infantry Division, dated 4 November 1968, awarded the applicant the CMB. His unit of assignment was listed as Company D, 9th Medical Battalion.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 8-7 contains guidance on award of the CMB. It states, in pertinent part, that in order to be awarded the CMB, the member must be a member of the Army Medical Department (Colonels and below), for enlisted personnel this means holding and serving in a medical MOS, while 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 does not show he was assigned in MOS 91B or performed duties associated with this MOS while assigned in the RVN. However, orders show he was awarded SMOS 91B while assigned to Company D, 9th Medical Battalion during his service in the RVN.
2. Additionally, orders show he was awarded the CMB. Based on this information, it is presumed that he performed duties as a medical specialist while assigned to Company D, 9th Medical Battalion while in the RVN. Therefore, in the interest of equity it would be appropriate to add this award to his DD Form 214.
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 amendment of the ABCMRs decision in Docket Number AR20080010460, dated 7 October 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his
DD Form 214 to add the Combat Medical Badge.
_______ _ __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) AR20150000518
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ABCMR Record of Proceedings (cont) AR20150000518
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