MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 October 2002    
	DOCKET NUMBER:   AR2002076857

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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:  Award of the Combat Infantryman Badge or the Combat Medical Badge.

APPLICANT STATES:  In effect, that he served as a Navy doctor assigned to the Marine Corps in Vietnam during 1967/1968.  He contends that he recently discovered his eligibility for one of these badges in the May issue of the Veterans of Foreign Wars (VFW) Magazine.  In support of his application, he submits a DD Form 214 (Report of Transfer or Discharge) with an effective date of 
11 March 1972 for his service in the Navy; a DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 1 August 1992 for his service in the Air Force; a letter, dated 30 May 2002, from the Review Boards Agency in St. Louis, Missouri; a Biographical Summary; three color photographs; an excerpt from the VFW Magazine, dated May 2002; a citation for the Bronze Star Medal; a letter, dated 1982; a map of Vietnam; numerous black and white photographs depicting scenes of war; and documentation pertaining to a medical conference; and orders, dated 21 August 2000.   

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

The applicant served on active duty in the U.S. Navy, Dental Corps, from 
29 June 1964 through 11 March 1972.  He also served on active duty as a dental officer in the U.S. Air Force from 4 February 1988 through 1 August 1992.  The applicant was placed on the Army of the United States retired list effective 
23 December 2000. 

The applicant’s DD Form 214 for his service in the U.S. Navy does not show the Combat Infantryman Badge or the Combat Medical Badge as authorized awards.     
The available records show that the applicant served as an assistant dental officer assigned to the Third Dental Company of the Third Marine Division during his assignment in Vietnam.

There are no orders for the Combat Infantryman Badge in the available records.  There is no evidence in the available records which shows the applicant met the qualifications for award of the Combat Infantryman Badge. 

There are no orders for the Combat Medical Badge in the available records.  There is no evidence in the available records which shows the applicant was  assigned or attached to the Army during his assignment in Vietnam.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to an Army infantry or special forces officer in the grade of colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

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 and the soldier must have been personally present and under fire during such ground combat.  The regulation also states that subsequent to 6 December 1941 Army Medical Department (colonels and below), the Navy Medical Department (captains and below), the Air Force Medical Service (colonels and below), assigned or attached to the Army, who have satisfactorily performed medical duties were eligible for the Combat Medical Badge. 
 
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.  The Board considered the applicant’s request for award of the Combat Infantryman Badge.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was an Army infantry officer or special forces officer during his assignment in Vietnam.  Therefore, the Board determined that there is no evidence on which to base award of the Combat Infantryman Badge in this case.     

2.  The Board also considered the applicant’s request for award of the Combat Medical Badge.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was assigned or attached to the Army during his assignment in Vietnam as required by the governing regulation.  Therefore, the Board determined that there is no evidence on which to base award of the Combat Medical Badge in this case.

3.  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.

4.  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.

BOARD VOTE:

KAK____  TAP____  BJL_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002076857	
SUFFIX		
RECON		
DATE BOARDED	20021029	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0113	
3.		
4.		
5.		
6.