RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           18 November 2003                  
	DOCKET NUMBER:   AR2003090048

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that he be awarded the Combat Medical Badge (CMB).

2.  The applicant states, in effect, that he is entitled to the CMB based on his service in the Republic of Vietnam (RVN) and the award was left off of his separation document (DD Form 214).  

3.  The applicant provides a copy of his 12 August 1967 DD Form 214.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of the awards listed on his DD Form 214 that occurred on 12 August 1967.  The application submitted in this case is dated 16 April 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the Army and entered active duty on 21 September 1965.  He was trained in, awarded, and served in military occupational specialty (MOS) 91B (Medical Specialist).  

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 29 August 1966 through 11 August 1967.  During his tour in the RVN, he was assigned to the 874th Medical Detachment, 43rd Medical Group, and he performed duties in MOS 91B as an ambulance driver.  

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 lists the following awards he earned during his tenure on active duty:  Vietnam Service Medal (VSM); National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with 60 Device; Sharpshooter Marksmanship Qualification Badge; and 2 Overseas Bars.  The applicant signed this document in Item 47 (Signature of Individual) confirming that the 
DA Form 20 was created in September 1965 and that he last audited the information on the record on 31 March 1967.  

6.  On 12 August 1967, the applicant was released from active duty (REFRAD) as an overseas returnee after completing a total of 2 year, 10 months, and 
22 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards that he earned while serving on active duty:  NDSM; VSM; RVCM with 60 Device; Sharpshooter Marksmanship Qualification Badge; and 
2 Overseas Bars.  

7.  Army Regulation 600-8-22 contains the Army’s awards policy.  Paragraph 
2-13 contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited for based on his service in the RVN.  Appendix B shows that based on his tenure of service in the RVN, the applicant is entitled to be credited with participation in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and TET Counteroffensive 1968 campaigns.  

8.  Chapter 8 of the awards regulation contains guidance on awarding Badges and Tabs of United States origin.  Paragraph 8-7 contains guidance on the 
CMB.  It states that the CMB was created as a "companion" badge to the CIB with criteria for its award intended to parallel that of the CIB.  It was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares with him the experiences unique to the infantry in combat. It further states that there was never any intention to award the CMB to all medical personnel who serve in a combat zone or imminent danger area.  

9.  The awards regulation specifies that in order to be eligible for the CMB, medical personnel must be assigned or attached by appropriate 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 the infantry unit is engaged in actual ground combat, provided they are personally present and under fire during such ground combat.  

10.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The record shows that the applicant served as a medical specialist in the RVN; however, there is no evidence that suggests he was assigned or attached to a qualifying infantry unit of brigade, regimental, or smaller size, or that his medical detachment was organic to a qualifying infantry unit.  As a result, the evidence fails to confirm he was eligible to receive the CMB.  

2.  Records show the applicant should have discovered the perceived error related to award of the CMB now under consideration on 12 August 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 August 1970.  However, he did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse his failure to file in regard to that issue.  

3.  However, evidence does show that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished
by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ _MM___  __JS___  __BE        DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the award of the CMB, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

2.  The Board did determine that administrative errors in the record of the individual should be corrected.  Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the records of the individual concerned to show his entitlement to 3 bronze service stars with his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and issuing him a corrected separation document that includes these awards.  

		John N. Slone
	                                              CHAIRPERSON

INDEX

CASE ID	AR2003090048	
SUFFIX		
RECON		
DATE BOARDED	2003/11/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1967/08/12	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	DENY (Admin Correction)	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  159	107.0113	
3.		
4.		
5.		
6.