PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 May 2002                   
	DOCKET NUMBER:   AR2002067960

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 the Combat Medical Badge (CMB).

3.  The applicant states in effect, that he served in the Republic of Vietnam (RVN) as a medical officer and as a flight surgeon.  He was consistently and directly involved in field medical operations.  He was involved in combat operations and hostile enemy action.  He believes that the criteria for the award of the CMB was met and exceeded several times during his tenure of service in the RVN.  His major command failed to provide for this award.

4.  The applicant’s military records show that he was appointed First Lieutenant on 9 July 1967 in the U. S. Army Reserve.  He entered active duty on 10 September 1967 in the rank of Captain.  After completion of his required training the applicant was awarded military occupational specialty 3160 (Aviation Medical Officer).

5.  On or about 1 December 1967, the applicant departed for the RVN.  He was assigned to Headquarters, 11th Armored Cavalry Regiment as a flight surgeon.  He was also assigned to Headquarters and Headquarters Company, 123rd Aviation Battalion as a battalion surgeon.  On or about 26 November 1968, the applicant departed the RVN.  

6.  On 9 September 1969, the applicant was honorably released from active duty and transferred to the U. S. Army Reserve.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows as authorized awards the National Defense Service Medal, the Vietnam Campaign Medal with Device 60, the Vietnam Service Medal, the Air Medal, the Army Commendation Medal and 2 Overseas Service Bars.  It does not show the CMB as an authorized award.

7.  There are no orders in the applicant’s service personnel record, which show that he was awarded the CMB.  There also is no evidence in his service record that shows he was recommended for the award of the CMB.

8.  The applicant’s Officer Qualification Record (DA Form 66) shows that he was assigned to an Armored Cavalry Regiment and to an Aviation Battalion.  There is no evidence that he served in the medical unit of an infantry regiment or that he served in an infantry unit in active ground combat.

9.  The applicant’s record shows that he served in the RVN from 1 December 1967 through 26 November 1968, serving through five campaigns – Vietnam Counter Offensive, Phase III from 1 June 1967 through 29 January 1968; Tet Counter Offensive from 30 June 1968 through 1 April 1968; Vietnam Counter Offensive Phase IV from 2 April 1968 through 30 June 1968; Vietnam Counter Offensive Phase V from 1 July 1968 through 1 November 1968 and Vietnam Counter Offensive Phase VI from 2 November 1968 through 22 February 1969.

10.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  The evidence of record also shows that the applicant participated in five campaigns during his assignment in Vietnam.  His participation in the five campaigns entitled him to the award of one silver service star.  However, this award is not reflected on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 11th Armored Cavalry Regiment 
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 7 September 1966 – 10 August 1968, based on the Department of the Army General Orders #60, dated 1969.  This unit award is not shown on his DD Form 214.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge could be awarded to Medical Department personnel assigned or attached to infantry units of brigade or smaller size who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire.  The award was established to recognize medical aidmen who shared the same hazards and hardships of ground combat on a daily basis with the infantry soldier.  So stringent was this requirement 
during the Vietnam era that recommending officials were required to document the place (in six-digit coordinates), time, type and intensity of fire to which the proposed recipient was exposed.  This fact naturally precludes the awarding of the badge to those medical personnel who accompany infantry units into a potential engagement area but do not come under enemy fire.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the CMB.  

2.  There is no evidence that the applicant served a period of qualifying service in a medical unit of an infantry regiment in active ground combat with the enemy as required by regulation for award of the CMB.  

3.  The evidence of record shows that the applicant was assigned to a unit at the time that the unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  The evidence also shows that the applicant served in the RVN during 
five campaigns, entitling him to wear one silver service star on the Vietnam Service Medal.  

4.  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 amending the applicant’s DD Form 214 to show the RVN Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with one silver service star.

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

BOARD VOTE:  

__fne___  __wtm___  __cjp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067960	
SUFFIX		
RECON		
DATE BOARDED	20020502	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0113	
2.		
3.		
4.		
5.		
6.