MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           16 December 1998                  
	DOCKET NUMBER:   AC98-11271

	I certify that hereinafter is recorded the record of consideration 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. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn 		Member	
	Ms. Carol Jo Suiter 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  Correction of his military records to show award of the Combat Medical Badge (CMB).

APPLICANT STATES:  That his DD Form 214 (Report of Transfer or Discharge) does not reflect the CMB.  He also contends he served as a medical corpsman and medical specialist while assigned to Company A, 5th Special Forces Group (Airborne), lst Special Force in Vietnam.  In support of his application, he submits a copy of his DA Form 20 (Enlisted Qualification Record).

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered active duty on 4 May 1966, served as a medical specialist in Vietnam from 17 January 1968 through 8 January 1969 and was separated in the grade of sergeant with an honorable discharge on 11 January 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the CMB as an authorized award.  

There are no orders in the applicant’s personnel records which show he was awarded the CMB.  Records show the applicant served as a medical specialist while assigned to the 5th Special Forces Group (Airborne) of the 1st Special Forces in Vietnam.    

Army Regulation 600-8-22 (Military Awards) 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.  This regulation also stated special provisions for award of the Combat Medical Badge during the Vietnam conflict.  These provisions permitted award of the Combat Medical Badge to soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat.  The special provisions required that the soldier must have been personally present and under hostile fire while assigned as specified. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Evidence of record shows the applicant served in a Special Forces Group during his assignment in Vietnam.  However, there is no evidence available to the Board which shows he was personally present and under hostile fire as required for award of the CMB.  There also is no evidence that the applicant otherwise met the requirements for award of the CMB.  Therefore, he is not entitled to award of the CMB.  

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

EMW____  LEM____  CJS_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11271/AR1998013047	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981216	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690111	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.