RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 12 JANUARY 2006
      DOCKET NUMBER:         AR20050004829


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Report of Transfer or Discharge (DD
Form 214) be corrected to show all of the medals and awards to which he is
entitled, including the Combat Medical Badge (CMB) and the Air Medal (AM).

2.  The applicant states, in effect, that his awards were erroneously
omitted from his DD Form 214.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 30 November 1973.  The application submitted
in this case is dated 15 March 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 1 December 1971, he enlisted in the Army in Portland, Oregon, for
2 years, in the pay grade of E-1.  He successfully completed his training
as a medical specialist and he was transferred to the Republic of Vietnam
on 10 May 1972 and assigned to the 159th Medical Detachment.

4.  The applicant was assigned to the 247th Medical Detachment in Vietnam
on 27 November 1972.  He returned to the Continental United States on 8
February 1973 and he was assigned to the 629th Medical Company, Fort Ord,
California.

5.  The applicant remained at Fort Ord until he was honorably released from
active duty on 30 November 1973, under the provisions of Army Regulation
635-200, chapter 2, at the expiration of his term of service.  He had
completed 2 years, 0 months and 0 days of net active service.

6.  The DD Form 214 that he was assigned at the time of his discharge shows
that he was awarded the National Defense Service Medal, the Vietnam Service
Medal, the Vietnam Campaign Medal and the Marksman Badge w/Rifle Bar.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Department of the Army General Orders Number 8, dated 1974
authorized the applicant's unit award of the Republic of Vietnam Gallantry
Cross with Palm (RVNGC w/Palm) Unit Citation for the period he served with
the unit.  Additionally, he participated in one campaign while assigned in
Vietnam and is authorized to wear one bronze service star on his already
awarded Vietnam Service Medal.

8.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the CMB.  It states, in pertinent part, that the CMB
was created by the War Department on 1 March 1945 and the intent was that
it was created as a companion badge to the CIB, with criteria for its award
to parallel that of the CIB. Its evolution stemmed from a requirement to
recognize officers, warrant officers and enlisted men of the Medical
Department assigned to the medical detachment of infantry units who shared
the same hazards and hardships of ground combat on a daily basis with
infantry soldiers.  As with the CIB, the infantry unit to which the medical
personnel are assigned or attached must engage the enemy in active ground
combat.  The medical personnel must be personally present and under fire to
be eligible for award of the CMB.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Air Medal is awarded in time of war for heroism and for
meritorious achievement or service while participating in aerial flight.
This award is primarily intended for personnel on flying status, but may
also be awarded to those personnel whose combat duties require them to fly,
for example personnel in the attack elements of units involved in air-land
assaults against an armed enemy.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records nor has the applicant
provided any evidence to substantiate his contention that he was awarded or
entitled to the award of the CMB.  Although he was a medical specialist,
the available

records fail to show that he was assigned to medical detachments of
infantry units or that he was ever engaged in active ground combat with
enemy forces.  Therefore, he has not satisfied the criteria for award of
the CMB.

2.  Additionally, the applicant and his official records also fail to show
that he was ever awarded or entitled to the AM and it appears that it was
appropriately omitted from his DD Form 214.  Accordingly, there is no basis
for the award at this time.

3.  However, the available records do show that applicant’s unit was
subsequently awarded the RVNGC w/Palm Unit Citation and that he
participated in one campaign while serving in Vietnam.  Accordingly, he is
entitled to be awarded the RVNGC w/Palm Unit Citation and one bronze
service star for wear on his already awarded Vietnam Service Medal and his
DD Form 214 should be amended accordingly.

4.  In view of the foregoing, it would now be appropriate to correct the
applicant's records and indicated below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____LS__  ___RB __  ___RN __  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 and to excuse failure to timely
file.  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 show his entitlement to the RVNGC w/Palm Unit Citation and one
bronze service star for wear on his already awarded Vietnam Service Medal.



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
award of the AM and the CMB.




                            _____Linda Simmons_________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004829                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19731130                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 2, Sec VI, SPD 201       |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  64                  |107.0018/AIR MEDAL                      |
|3.  140                 |107.0094/RVGC W/PALM UNIT CITATION      |
|4.  159                 |1070113/COMBAT MEDICAL BADGE            |
|5.                      |                                        |
|6.                      |                                        |


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