BOARD DATE:	  5 April 2011 

		DOCKET NUMBER:  AR20100021955 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Medical Badge.

2.  The applicant states he was recently told that he was entitled to the Combat Medical Badge for his service as a medical corpsman in Vietnam.

3.  The applicant provides copies of his DA Form 20 (Enlisted Qualification Record) and two DD Forms 214 (Report of Transfer or Discharge).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant be awarded the Combat Medical Badge.

2.  Counsel states the applicant served as a medical corpsman with the 1st Air Cavalry Division in Vietnam but was not awarded the Combat Medical Badge.

3.  Counsel provides no additional supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 

3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 23 February 1968.  On 29 February 1968 he was discharged for the purpose of enlisting in the Regular Army (RA).  On 1 March 1968, he enlisted in the RA for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  He also completed airborne training.

3.  He served in Vietnam with Headquarters and Headquarters Support Battery, 1st Battalion, 21st Artillery Regiment, 1st Air Cavalry Division from 22 April 1969 through 4 April 1970 in duty MOS 91A and 91B2P (Field Medical Corpsman, parachute qualified).

4.  The applicant was honorably released from active duty on 6 January 1971.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

5.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Medical Badge is awarded to medical department personnel (colonels 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.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant's service in Vietnam as a medical corpsman is not in question, he was a member of an artillery battery and regiment, not a medical 

unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size as required for award of the Combat Medical Badge.  Furthermore, there is no evidence he was assigned to an infantry unit that was engaged in active ground combat.

2.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________x_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100021955



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ABCMR Record of Proceedings (cont)                                         AR20100021955



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