PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 February 2001
	DOCKET NUMBER:   AR2000047287

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, Jr.		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, in effect, that an Army Commendation Medal (ARCOM) with/Valor (w/”V”) device he received be added to his separation document and that he be awarded the Combat Medical Badge (CMB).  

3.  The applicant states, in effect, that he was awarded the ARCOMw/“V” device via the enclosed General Order (GO), which was never entered on his Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  In addition, he states his belief that he should have been awarded the Combat Action Medal, which is the United States Marine Corps equivalent to the Army’s Combat Infantryman Badge (CIB), or in the applicant’s case, the CMB since he was a medical specialist.  In support of his application, he provides the enclosed General Order (GO), which verifies he received the ARCOMw/“V” device for heroic action in the Republic of Vietnam (RVN) on 22 May 1968.

4.  The applicant’s military records show that on 22 November 1966 he was inducted into the Army of the United States for two years.  He successfully completed basic training at Fort Polk, Louisiana and advanced individual training (AIT) at Fort Sam Houston, Texas.  Upon completion of AIT he was awarded military occupational specialty (MOS) 91B (Medical Specialist) and he was assigned to Fort Meade, Maryland for his first permanent duty station. 

5.  In February 1968, the applicant was reassigned to Vietnam, where he arrived for duty with Headquarters and Headquarters Battery (HHB), 2nd Battalion (Bn), 32nd Artillery (Arty), United States Army Pacific (USARPAC) in March 1968.  He served in this unit until his departure from Vietnam in August 1968, when he was returned to the United States for early separation to attend college. 

6.  On 22 July 1968, GO Number 3509 was issued by Headquarters, United States Army Vietnam (USARV), which awarded the applicant the ARCOMw/“V” device for his heroism in connection with a military operation against a hostile force in the RVN on 22 May 1968.

7.  The DD Form 214 on file confirms that the applicant was released from active duty on 26 August 1968, after completing 1 year, 9 months, and 5 days of active military service.  This document also shows that during his tenure on active duty he earned the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, and Vietnam Campaign Medal.  In addition, it confirms that he was trained and served in MOS 91B (Medical Specialist) while on active duty. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 8, Section-II (Combat and Special Skill Badges) contains guidance on the award of combat badges.  Paragraph 8-7 contains guidance on awarding the CMB.

9.  Paragraph 8-7c contains the specific eligibility criteria for earning the CMB.  It provides, in pertinent part, that the CMB may be awarded to medical personnel, assigned or attached on 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 that the unit is engaged in actual ground combat, provided they are personally present and under fire during such ground combat.  There are no provisions for awarding the CMB to medical personnel who are not assigned or attached to these defined infantry or medical units. 

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the register contains a list of all units and the unit awards to which they are entitled and the period for which the awards were earned.  

11.  This table indicates that during the applicant’s tenure with his unit in Vietnam, HHB, 2nd Bn, 32nd Arty, USARPAC, it earned the following unit awards for the periods indicated as codified in the listed Department of the Army General Orders (DAGO):  Republic of Vietnam Gallantry Cross/with Palm (RVNGC/wPalm), December to August 1968, DAGO 17, dated 1968; Republic of Vietnam Civil Actions Honor Medal (RVNCAHM), 4 November 1965 to 
15 January 1971, DAGO 51, dated 1971; and Meritorious Unit Commendation (MUC), 1 January 1968 to 31 January 1969, DAGO 36, dated  1970. 

CONCLUSIONS:

1.  The Board concurs with the applicant’s claim that the ARCOMw/”V” device 
he was awarded for heroism in connection with military operations against a hostile force on 22 May 1968 in the RVN should be added to his DD Form 214.

2.  However, while the Board wishes to congratulate and thank the applicant for his heroic service in Vietnam, lacking any evidence of record or independent evidence to confirm he was ever assigned or attached to infantry unit, and was personally present with that infantry unit while it was engaged in ground combat, the Board finds no basis on which to support awarding him the CMB. 

3.  By regulation, a medic must be assigned or attached infantry unit, or to a medical unit of company or smaller size organic to an infantry unit, during any period that unit was engaged in actual ground combat and must be personally present and under fire during such ground combat in order to earn a CMB.  

4.  Although the applicant made no specific claim of entitlement to any unit awards, during its review of the case, the Board determined that he is entitled to the awards received by his unit during his tenure of assignment in Vietnam.  These earned awards include the RVNGCw/palm; RVNCAHM; and MUC.  Thus, the Board concludes it would be appropriate, in the interest of justice and equity, to add these earned awards to the applicant’s record at this time. 

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned received the ARCOMw/“V” device for heroism in connection with a military operation against a hostile force in the RVN on 22 May 1968; that he is entitled to the RVNGCw/Palm, RVNCAHM and MUC awards earned by his unit during his tenure in Vietnam; and he should be provided a corrected separation document that reflects these changes. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___dh___  __jhl____  ___gp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____JoAnn H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047287	
SUFFIX		
RECON		
DATE BOARDED	2001/02/08	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/08/26	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	Early Release for School	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.