PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 October 2001
	DOCKET NUMBER:   AR2001059176

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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, in effect, reconsideration of his request to be awarded the Combat Medical Badge (CMB).  

3.  The applicant states, in effect, that he would like to receive his CMB and believes he is qualified based on his service as a unit medical aidman with Company C, 2nd Platoon, 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division.  He claims that he was in the field with his unit and often treated wounded soldiers while exposed to enemy fire.  

4.  In a December 1994 decisional document (AC93-08337), this Board denied the applicant’s request for the CMB.  This denial was based on the applicant’s failure to timely file.  The Board concluded the applicant did not present, and the records did not contain, sufficient justification to conclude that it would be in the interest of justice to grant the requested relief or to excuse the failure to timely file within the time prescribed by law. 

5.  The applicant’s military records show that he served on active duty from 
7 March 1967 until 30 April 1970 when he was discharged for the good of the service.  At the time of his separation, he had completed a total of 2 years, 
8 months, and 11 days of creditable active military service and he had accrued a total of 159 days of time lost.  

6.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he completed basic training, advanced individual training, and the basic airborne course.  Upon completion of training, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman) with the additional skill identifier (ASI) of P (Parachutist).  

7.  The applicant’s first permanent assignment was to Headquarters and Headquarters Company (HHC), 1st Battalion (Airborne), 506th Infantry Regiment, 101st Airborne Division, Fort Campbell, Kentucky.  He was reassigned to the Republic of Vietnam (RVN) with his unit and arrived there for duty on 
4 December 1967.  He continued to serve with the 506th Infantry Regiment until 24 March 1968, when as part of a unit redesignation, he was reassigned to Company C, 2nd Battalion (Airborne), 327th Infantry Regiment, 101st Airborne Division.  He remained assigned to the 327th Infantry Regiment until his departure from the RVN on 27 November 1968.

8.  The record also shows that throughout his tour in the RVN the applicant performed duties in MOS 91A1P as a airborne unit medical aidman and that during his assignment tenure he earned the Vietnam Service Medal, Vietnam Campaign Medal with 1960 Device, and the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from 
1 January to 31 August 1968.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 8-7 contains guidance on award of the CMB and states, in pertinent part, that in order to be eligible for the CMB, a medical soldier must be assigned to and be personally present and under hostile fire with an infantry unit of brigade, regimental, or smaller size while the unit was actively engaged in ground combat with the enemy. 

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant’s assignment tenure, the 2nd Battalion, 327th Infantry Regiment earned the Republic of Vietnam Gallantry Cross (RVNGC) with Palm and Republic of Vietnam Civil Actions Honor Medal (RVNCAHM).  Further, it confirms that while he was assigned to the 1st Battalion, 506th Infantry Regiment, this unit earned a Meritorious Unit Commendation (MUC).

CONCLUSIONS:

1.  The Board notes the applicant’s claim of entitlement to the CMB and it concludes there is a sufficient evidentiary basis to conclude he is entitled to this award.  By regulation, in order to be eligible for the CMB medical personnel must have been assigned to and personally present under hostile fire with an infantry unit of brigade, regimental, or smaller size while the unit was actively engaged in ground combat with the enemy. 

2.  The evidence of record confirms that the applicant was assigned to an airborne infantry battalion as a unit medical aidman throughout his tour in the RVN.  During his assignment tenure, one of the units in which he served earned a MUC.  In addition, at the end of his tour, he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.

3.  There is no specific evidence to show the applicant was awarded the CMB while he was serving in the RVN.  However, given the preponderance of the evidence in his service record coupled with the combat history of the units in which he served, the Board finds there is a sufficient evidentiary basis to conclude he is entitled to receive the CMB.

4.  In the opinion of the Board, it is logical to presume that in the normal course of performing his duties as an infantry company medical aidman, the applicant was personally present under hostile fire while his unit was actively engaged in ground combat with the enemy on a regular basis during his tour in the RVN. Thus, in the interest of justice and equity, the Board finds it would be appropriate to grant the requested relief. 

5.  In addition, during the review of this case the Board discovered that the applicant is entitled to the RVNGC with Palm Unit Citation and RVNCAHM based on service with the 327th Infantry Regiment and to the MUC as a result of his service with 506th Infantry Regiment.  Therefore, the Board concludes these awards should be added to his record at this time. 

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned earned the Combat Medical Badge; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal; and Meritorious Unit Commendation; and by issuing him a corrected separation document that reflects these awards. 

BOARD VOTE:  

__CLA__  __AAO__  __HBO __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Celia L. Adolphi  __
						     CHAIRPERSON

INDEX

CASE ID	AR2001059176	
SUFFIX		
RECON	1994/12/14	
DATE BOARDED	2001/10/30	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1970/04/70	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	Good of the Service	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  159	107.0113	
2.  46	107.0000	
3.		
4.		
5.		
6.