PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               28 January 2003
	DOCKET NUMBER:       AR2002077974

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Tracey Pinson		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 that award of the Combat Medical Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant states that he was assigned as a medic, along with four other Americans, to an infantry unit south of Can Tho, Vietnam.  In support of his application, he submitted a copy of his DD Form 214, a DA Form 137 (Installation Clearance Record), and his reassignment orders.

4.  The applicant’s military records show that he was inducted in the Army on 18 March 1968.  He successfully completed basic and advanced individual training and was awarded military occupational specialty 91B (medical specialist).  He served in Vietnam from 26 August 1968 through 23 August 1969 and was honorably released from active duty on 17 March 1970.

5.  The applicant's DD Form 214 does not show the Combat Medical Badge as an authorized award.

6.  There are no orders which show the applicant was awarded the Combat Medical Badge.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served as a Medical Advisor with Advisory Team 57, Fourth Combat Tactical Zone, United States Military Assistance Command during his tour in Vietnam.  There is no evidence which shows he was assigned to a medical unit organic to an infantry brigade or a Vietnamese unit during active ground combat.

8.  Review of the applicant's personnel records revealed that he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with four bronze service stars and the Good Conduct Medal which are not shown on his discharge document.

9.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Headquarters Department of the Army General Orders Number 8, dated 1974.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal with three bronze service stars.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the military campaigns of the Vietnam War.  Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in four campaigns of the Vietnam War.

11.  The applicant's personnel records contain Headquarters 7th Infantry Brigade General Orders Number 20, dated 13 February 1970, which awarded him the first award of the Good Conduct Medal for the period 18 March 1968 to 17 March 1970.

12.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also stated special provisions for award of the Combat Medical Badge during the Vietnam conflict.  These provisions permitted award of the Combat Medical Badge to soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat.  The special provisions required that the soldier must have been personally present and under hostile fire while assigned as specified. 

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

CONCLUSIONS:

1.  The Board considered the applicant's contention that he was assigned as a medic in an infantry unit south of Can Tho, Vietnam.  

2.  Evidence of record shows the applicant served as a Medical Advisor with Advisory Team 57, Fourth Combat Tactical Zone, United States Military Assistance Command during his tour in Vietnam.  There is no evidence available to the Board which shows he was assigned to a medical unit organic to an infantry brigade or to a Vietnamese unit during ground combat and was personally under hostile fire.  Therefore, there is no basis for awarding the Combat Medical Badge in this case.

3.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records will be amended to show this foreign unit award.

4.  The applicant's DD Form 214 shows the Vietnam Service Medal with three bronze service stars.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his records to show these awards.

5.  Evidence of record shows the applicant was awarded the Good Conduct Medal for the period 18 March 1968 to 17 March 1970.  Therefore, his records will be amended to show the first award of the Good Conduct Medal.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by deleting the Vietnam Service Medal with three bronze service stars from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and 

	b.  by adding award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with four bronze service stars and the Good Conduct Medal to his DD Form 214.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

KAK____  MHM____  TLP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Karol A. Kennedy______
		        CHAIRPERSON

INDEX

CASE ID	AR2002077974	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0113	
2.		
3.		
4.		
5.		
6.