BOARD DATE: 22 December 2011 DOCKET NUMBER: AR20110013342 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 for the services he performed in Vietnam. 2. The applicant states he served as a medic with the 3rd Battalion, 319th Artillery, 173rd Airborne Brigade from September 1967 to September 1968. He was in the field at various fire support bases the entire time. They were attacked by mortar rounds many times and he aided American Soldiers at that time. He was assigned to Headquarters Company but attached to Bravo Company, so he was never recommended for the Combat Medical Badge. He was too busy in Vietnam to worry about it and it fell through the cracks. 3. The applicant provides no additional evidence. 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's records show he enlisted in the Regular Army on 21 February 1966 and he held military occupational specialty (MOS) 91B (Medical Specialist). He served in Vietnam from 25 September 1967 to 24 September 1968 while assigned to Headquarters Battery, 3rd Battalion, 319th Field Artillery, 173rd Airborne Brigade. 3. He was honorably released from active duty on 25 September 1968 and transferred to the U.S. Army Reserve. He completed 2 years, 7 months, and 5 days of creditable active service. 4. There are no orders in his records showing award of the Combat Medical Badge. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Combat Medical Badge. 6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Combat Medical Badge. 7. Army Regulation 600-8-22 (Military Awards) states 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. DISCUSSION AND CONCLUSIONS: 1. There are three requirements for award of the Combat Medical Badge: the Soldier must hold a medical MOS satisfactorily performing medical duties, he must be assigned or attached to a medical unit organic to an infantry unit during such time as the unit is engaged in active ground combat, and he must have been personally present and under fire during such ground combat. 2. The evidence of record does not show, and the applicant has not provided any evidence that shows he was personally present and under hostile fire while serving in his assigned medical duties in a medical unit organic to an infantry unit that was actively engaged in ground combat with the enemy. The evidence shows he was assigned to a field artillery unit. Therefore, there is insufficient evidence upon which to base award of the Combat Medical Badge in this case. 3. Nevertheless, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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 for correction of the records of the individual concerned. _______ _ 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) AR20110013342 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013342 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1