PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           4 November 1998                   
	DOCKET NUMBER:   AC98-10765

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Combat Medical Badge.

3.  The applicant states, in effect, that he is entitled to the Combat Medical Badge but it was never awarded to him.  In support of his application, he submits copies of awards received as a result of his medical service in combat, field medical cards of eight soldiers he treated in the field, pay disbursements and a completion certificate from the Army Medical Training Center.    

4.  The applicant’s military records show that he was inducted and entered active duty on 5 March 1969.  He trained as a medical specialist, served in Vietnam from 30 April 1970 through 16 January 1971 and was separated in the grade of E-5 with an honorable discharge on 17 January 1971.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Combat Medical Badge as an authorized award.  The Board notes the applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation which is also not shown on the DD Form 214.

6.  There are no orders in the applicant’s personnel records which show he was awarded the Combat Medical Badge.  Records show the applicant’s military occupational specialty (MOS) was 91B (medical specialist).  Evidence of record shows the applicant was assigned to the medical platoon of an infantry battalion while in Vietnam.

7.  There is no evidence of record that the applicant was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.

8.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 22, dated 1968.

9.  Army Regulation 600-8-22 provides, in pertinent part, that 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.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  Evidence of record shows the applicant was a medical aidman while assigned to the medical platoon of an infantry battalion in combat in Vietnam.  Therefore, he is entitled to award of the Combat Medical Badge.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period of 5 March 1969 through 17 January 1971 based on completion of a period of qualifying service ending with termination of a period of Federal military service.

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Combat Medical Badge, the first award of the Good Conduct Medal for the period of 5 March 1969 through 17 January 1971 and the Vietnam Cross of Gallantry with Palm Unit Citation.

BOARD VOTE:  

JEV_____  LLS_____  TNK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON