BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002475 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x_____ ___x_____ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002475 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 3 May 1968 to 5 November 1970 and b. amending his DD Form 214 for the period ending 5 November 1970 by deleting the Vietnam Service Medal and adding the: * Army Good Conduct Medal * Vietnam Service Medal with one silver and one bronze service star * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Combat Medical Badge. ___________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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002475 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 and correction of his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show the Combat Medical Badge and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). 2. The applicant states that during his service in Vietnam, he became flight-qualified, and because door gunners were in demand, he spent his off time flying as a medic and door gunner. He always had his aid bag with him. While flying, he ran into his share of hot landing zones, especially coming down into the elephant grass. Everything looked very peaceful until the "prop-wash" pushed the grass around and the North Vietnamese could be seen everywhere. Sometimes he had to medically evacuate severely wounded Soldiers and sometimes he switched helicopters to tend to their own crewmen and gunners in serious need of help. He qualified as an expert with the M-14 and M-16 rifles. 3. The applicant provides a copy of his DD Form 214 and a third-party statement. 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 enlisted in the Regular Army on 3 May 1968. After completing his initial entry training, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman). 3. Special Orders Number 174, issued by Headquarters (HQ), U.S. Army Training Center, Infantry, Fort Dix, NJ on 22 June 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Special Orders Number 183, issued by HQ, U.S. Army Training Center, Infantry, Fort Dix, NJ on 1 July 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he arrived in the Republic of Vietnam on or about 23 January 1969. b. item 38 (Record of Assignments): * he was assigned to the 520th Medical Detachment, from on or about 23 January 1969 through on or about 23 February 1970 * he was assigned to HQ and HQ Company (HHC), 145th Aviation Battalion, from on or about 24 February through on or about 2 November 1970 * he departed Vietnam on or about 3 November 70 * he received all "excellent" conduct and efficiency ratings during his active duty service c. item 41 (Awards and Decorations), no entry that shows he was awarded the Combat Medical Badge. 6. There is no evidence that indicates the 520th Medical Detachment, the applicant's unit of assignment in the Republic of Vietnam, was organic to an infantry unit of brigade, regimental or smaller size that was engaged in active ground combat. 7. The applicant was honorably released from active duty on 5 November 1970. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal with 1st Oak Leaf Cluster * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge * Aircraft Crewman Badge 8. The applicant's military record is void of derogatory information or a unit commander's disqualification statement that would have precluded him from being awarded the Army Good Conduct Medal. 9. There are no orders or any other evidence in the applicant's record that shows he was awarded or recommended for award of the Combat Medical Badge. 10. The applicant provides a third-party statement in which the statement provider indicates he served with the applicant in Vietnam and attests that the applicant provided medical care to wounded Soldiers. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B of this regulation shows that during his service in Vietnam, participation credit was awarded for the following six campaigns: * Vietnamese Counteroffensive Phase VI (2 November 1968 – 22 February 1969) * Tet 69/Counteroffensive (23 February – 8 June 1969) * Vietnam Summer – Fall 1969 (9 June – 31 October 1969) * Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970) * Sanctuary Counteroffensive (1 May – 30 June 1970) * Vietnamese Counteroffensive Phase VII (1 July 1970 – 30 June 1971) 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. 3. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows that during the applicant's assignment to the 520th Medical Detachment, this unit was cited in Department of the Army General Orders for the following unit awards: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 January 1969 to 30 September 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 May 1969 to 15 May 1970 4. DA PAM 672-3 also shows that during his assignment to HHC, 145th Aviation Battalion, this unit was cited in Department of the Army General Orders for the following unit awards: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the periods 1 January 1969 to 30 September 1970 and 1 October 1970 to 31 August 1972 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 May 1969 to 15 May 1970 5. DA PAM 672-3 states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. DISCUSSION: 1. The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his period of active service and his record is void of any derogatory information or a commander's disqualification statement that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 2. The applicant was awarded the Vietnam Service Medal. Additionally, he participated in six campaigns during his service in Vietnam. Therefore, he is authorized one silver service star and one bronze service star for wear on his Vietnam Service Medal. The applicant's DD Form 214 lists the Vietnam Service Medal; however, it does not reflect the one silver service star and one bronze service star that should be affixed in recognition of the six campaigns he participated in. 3. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). This marksmanship qualification badge is not shown on his DD Form 214. 4. DA PAM 672-3 shows his units of assignment during his service in Vietnam were cited in general orders for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. Although he is authorized to wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, his DD Form 214 should show all of his authorized unit awards. 5. The evidence shows the applicant held a medical MOS during his service in Vietnam; however, he was not assigned to a medical unit that was organic to an infantry unit of brigade, regimental or smaller size that engaged in active ground combat. It appears that the type of unit he was assigned to in Vietnam precludes awarding him the Combat Medical Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002475 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002475 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2