MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 January 2003                  
	DOCKET NUMBER:   AR2002074319

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		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 records be corrected to show that he was awarded the Combat Medical Badge and the Army Commendation Medal.

APPLICANT STATES:  He served as the combat medic for Headquarters and Headquarters Company (HHC), 65th Engineers, 25th Infantry Division.  He also reports that he served with the Army of the Republic of Vietnam (ARVN) infantry, with the 1st and 2nd Battalions of the 27th Infantry.  He dates the discovery of the alleged error or injustice as June 2001.  He believes, in effect, that the Board should waive the failure to file a timely request and consider the case because when he out-processed in Vietnam he was not given a chance to review his records.  In effect, he also did not know until now that he could qualify for the New York State Cross of Gallantry. 

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

The applicant was inducted on 17 August 1966, completed training as a medical corpsman and served in Vietnam with HHC, 65th Engineer Battalion, 25th Infantry Division from 18 February 1967 to 7 February 1968.  On 16 August 1968 he was separated with an honorable characterization of service and transferred to the Army Reserve in pay grade E-3.  His awards are listed on his DD Form 214 as the Good Conduct Medal, the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign (RVN) Medal and the Marksman Qualification Badge with Rifle Bar.

Army Regulation 600-8-22 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.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

The regulation also provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu 

of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include:  Counteroffensive Phase II, ending 31 May 1967; Counteroffensive Phase III, ending on 29 January 1968; Tet Counteroffensive, ending on 1 April 1968.

Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register shows that the applicant's unit was awarded the Meritorious Unit Commendation for the period 22 February to 7 December 1967 by DA General Orders Number 17 of 1969,  the RVN Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by DA General Orders Number 48 dated 1971 and the RVN Civil Actions Honor Medal, First Class Unit Citation, for the period 13 March 1966 to 21 January 1970 by DA General Orders Number 51 dated 1971.

A 16 March 1990 DA Form 1577 (Authorization for Issuance of Awards) prepared by the Army Reserve Personnel Center lists his authorized awards as the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the National Defense Service Medal, the Republic of Vietnam (RVN) Campaign Medal and the Marksman Badge with Rifle Bar.  A 2 September 1999 Official List of Awards prepared by the National Personnel Records Center adds the RVN Gallantry Cross with Palm Unit Citation to the above list.  

A search of the historical files of the 65th Engineer Battalion, 25th Infantry Division, at the National Archives, College Park, Maryland, failed to disclose any information to support the applicant's request.

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.  There is no available evidence to substantiate the applicant's request for the Army Commendation Medal.

2.  He did not serve with an infantry unit of brigade or smaller size and he was not eligible for award of the Combat Medical Badge.

3.  Considering that, at the time he was separated, the various Vietnam campaign periods had not all been defined and the unit awards had not yet been authorized; his awards were correctly listed on his DD Form 214.  However, a DD Form 215 (Correction to DD Form 214) should be administratively issued.  Except for the absence of the Meritorious Unit Commendation and the RVN Civil Actions Honor Medal, First Class Unit Citation, his awards are correctly listed on the 1999 list from the NPRC.

4.  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.

5.  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.

NOTE:  The Army Review Boards Agency Support Division, St. Louis will be asked to issue a DD Form 215 to show that the applicant's authorized awards consist of the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the National Defense Service Medal, the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, the RVN Campaign Medal and the Marksman Badge with Rifle Bar. 
.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __JLP___  __MMB__  DENY APPLICATION

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

INDEX

CASE ID	AR2002074319	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.