MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 March 2001     
	DOCKET NUMBER:   AR2000049581

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Medical Badge.  He also requests that item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) be corrected to show the Purple Heart and the Combat Medical Badge.  

The applicant’s request to remove the Bronze Star Medal (First Oak Leaf Cluster) and the Army Commendation Medal from his DD Form 214 (Report of Transfer or Discharge) and the issuance of several medals that he received during his Vietnam service was addressed by separate correspondence to the applicant.

APPLICANT STATES:  In effect, that he is entitled to the Combat Medical Badge because he was a combat medic and rendered medical aid under combat conditions on several occasions in Vietnam while serving in F or G Troop of the 2nd Squadron of the 11th Armored Cavalry Regiment.  He also contends that item 41 (Awards and Decorations) on his DA Form 20 should be corrected to show the Purple Heart or the Combat Medical Badge.  In support of his application, he submits a copy of his DD Form 214 and a continuation sheet to his application.    

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

The applicant was inducted on 18 June 1969.  He served as a medical aidman in Vietnam from 4 September 1970 through 2 April 1971 and was honorably released on 16 April 1971 and transferred to the USAR.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Medical Badge as an authorized award.  His DD Form 214 does show the Purple Heart as an authorized award.

There are no orders in the applicant’s personnel records which show he was awarded the Combat Medical Badge.  Records show the applicant served as a medical aidman while assigned to three organizations in Vietnam (Headquarters & Headquarters Troop, 2nd Squadron, 11th Armored Cavalry Regiment; D Company, 1st Squadron, 11th Armored Cavalry Regiment; and Headquarters & Headquarters Company, 864th Engineer Battalion (Construction)). 

Item 41 (Awards and Decorations) on the applicant’s DA Form 20 shows entitlement to the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and one Overseas Service Bar.

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.  The Board noted the applicant’s contention that he is entitled to the Combat Medical Badge because he was a combat medic and rendered medical aid under combat conditions on several occasions in Vietnam.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows that he was assigned to a medical unit which was organic to an infantry unit while engaged in active ground combat as required for award of the Combat Medical Badge.  Therefore, the applicant is not entitled to award of the Combat Medical Badge.  

2.  The applicant’s request to have his DA Form 20 corrected to show the Purple Heart and the Combat Medical Badge was also noted by the Board.  However, the DA Form 20 became obsolete in 1974 and is no longer maintained. Therefore, there is no basis to make corrections to the applicant’s DA Form 20 at this time. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  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

SP_____  JPI_____  RKS_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000049581	
SUFFIX		
RECON		
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710416	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation of overseas returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0113	
2.	100.0000	
3.		
4.		
5.		
6.