IN THE CASE OF:	  

		BOARD DATE:  7 February 2012

		DOCKET NUMBER:  AR20110012638 


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 reconsideration of his earlier request for award of the Combat Medical Badge (CMB).

2.  The applicant states he earned the CMB and others in his unit received the CMB.  He feels he qualifies for the CMB because Army Regulation 600-8-22 (Military Awards) states under intent "Conceivably, this could occur if an infantry unit lost all its medics and as a temporary or permanent measure medical personnel were attached to an infantry unit, but remained assigned to a hospital or other non-infantry unit."  The 4th Infantry Division was in this position, as well as other units in the Central Highlands of Vietnam, to include the Army of South Vietnam.

3.  He contends this is exactly what the 1st Medical Company did.  The unit not only provided medical service but also medical staff.  He was told by others to search the U.S. Archives for documents, orderly room reports, or other information that would substantiate his claim but he has tried and cannot seem to work the internet.  He did not receive the CMB only because his unit disbanded and he was sent home.  He got lost in the shuffle and reassigned to other units.

4.  The applicant provides:

* the eligibility criteria for the CMB as stated in Army Regulation 600-8-22
* a self-authored statement


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090021546, on 6 July 2010.

2.  The applicant presents the expanded criteria for award of the CIB that was not previously reviewed by the ABCMR.  Therefore, it is considered a new argument and as such warrants consideration by the Board.

3.  During the original review of this case, the Board found the applicant served in a combat theater as a medical corpsman and as a medical specialist with a medical battalion and an evacuation hospital.  Unfortunately, there is no evidence that these units were organic to an infantry unit of brigade, regimental, or smaller size.  Furthermore, the available evidence does not sufficiently show his unit had been in contact with the enemy and that he had been personally present and under fire during such ground combat.  Therefore, the Board found no basis to grant his request.

4.  The applicant provides the complete eligibility requirements for the CMB.  He contends that his unit, the 1st Medical Company, was assigned to the 4th Infantry Division in the Central Highlands of Vietnam, and provided medical services and medical staff after the unit lost all its medics.

5.  Army Regulation 600-8-22 states the sole criteria that qualify medical personnel for award of the CMB is to be assigned or attached to an infantry unit engaged in active ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration of his earlier request for award of CMB.

2.  The ABCMR is not an investigative body; therefore, regularity must be presumed unless there is sufficient evidence to show an injustice or an error occurred.  The applicant argues he was in fact assigned as a medical specialist to an infantry unit that lost all its medics; however, there is no evidence to support this contention.  There is also insufficient evidence to confirm he was personally present and performing his medical duties, while assigned to a qualifying infantry unit when the unit was engaged in active ground combat with enemy forces.


3.  In view of the foregoing, there is an insufficient evidentiary 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 to amend the decision of the ABCMR set forth in Docket Number AR20090021546, dated 6 July 2010.



      _______ _  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)                                         AR20110012638



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012638



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1