MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 January 2002 
	DOCKET NUMBER:   AR2001061421

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Donald P. Hupman, Jr.		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:  That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he is entitled to award of the Combat Medical Badge (CMB).

APPLICANT STATES:  That his records clearly demonstrate he served as a combat medic while assigned in the Republic of Vietnam (RVN).  He states that he is submitting a DD Form 1577 (Authorization for Issuance of Awards) that he received from the National Personnel Records Center (NPRC) which shows he is entitled to award of the CMB.  He also submits in support of his request a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record).

EVIDENCE OF RECORD:  The applicant's official military personnel file is not available.  The documents that were used in making this determination consist of those mentioned above that were submitted by the applicant.

The available records show that the applicant enlisted in the Regular Army (RA) on 28 August 1969.  He completed all training requirements and was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  

On 23 October 1970, the applicant arrived in the RVN.  On 6 November 1970, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry.  On 22 February 1971, he was reassigned to the Headquarters and Headquarters Company, 326th Engineer Battalion, 101st Airborne Division.  On 4 August 1971, he was reassigned to Company B, 326th Engineer Battalion.

On 24 October 1971, the applicant returned to the United States and he was assigned to Fort Hood, Texas.  On 10 March 1972, he was honorably released from active duty and assigned to the US Army Reserve Control Group, St. Louis, Missouri.  

The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) with 2 bronze service stars, the Vietnam Campaign Medal (VCM) and the Marksmanship Badge (Rifle).

The DA Form 1577 that was prepared by the NPRC and submitted by the applicant shows that he is entitled to the NDSM, the VSM with 2 bronze service stars, the CMB and the VCM.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CMB 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.

Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations, the only acceptable source of documentation is the order, letter, or memorandum that awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  Therefore, a DD Form 1577 alone should not be the sole basis for recording a decoration.  The only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

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.  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.

2.  There is no evidence available to indicate that the applicant was awarded the CMB other than an entry on a DA Form 1577.  In accordance with AR 600-8-104, this is not sufficient evidence to award this badge.  Even though he served with Headquarters and Headquarters Company, 502nd Infantry, he would have to show that he served with this unit when it was engaged in action against the enemy, or he would have to provide a copy of the orders awarding the CMB.

3.  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

__INW___  __HOF _  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001061421	
SUFFIX		
RECON	 	
DATE BOARDED	20020115	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720310	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0114	
2.		
3.		
4.		
5.		
6.