BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160001060 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x____ ___x_____ __x______ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160001060 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting award of the Vietnam Service Medal from his DD Form 214 and b. adding the following awards to his DD Form 214: * Army Commendation Medal with "V" Device * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Medical Badge. __________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. BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160001060 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal with "V" Device. He also requests award of the Combat Medical Badge. 2. The applicant states he was awarded the Army Commendation Medal with "V" Device and it is not reflected on his DD Form 214. 3. The applicant provides: * Army Commendation Medal with "V" Device Certificate and orders * DD Form 214 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 was inducted into the Army of the United States on 24 February 1967. He completed his training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman). 3. He departed the continental United States en route to Vietnam on 26 July 1967. His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 91B (Medical Noncommissioned Officer) as the company aidman while assigned to Headquarters and Headquarters Company, 4th Engineer Battalion, 4th Infantry Division, from 1 August 1967 to 18 September 1968. 4. Headquarters, 4th Infantry Division, General Orders Number 2414, dated 9 June 1968, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force on 25 March 1968 in the Republic of Vietnam. 5. He participated in four campaigns during his assignment in Vietnam. He departed Vietnam en route to the United States on or about 19 September 1968. 6. On 23 September 1968, he was honorably released from active duty. 7. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 8. There are no orders for the Combat Medical Badge in his records. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 4th Engineer Battalion was awarded the: * Meritorious Unit Commendation for the period 13 October 1967 to 15 July 1968 in Department of the Army General Orders (DAGO) Number 42, dated 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 in DAGO Number 3, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 in DAGO Number 53, dated 1970 DISCUSSION: 1. General orders awarded him the Army Commendation Medal with "V" Device. His DD Form 214 does not show this medal. 2. His request for award of the Combat Medical Badge was carefully considered. Although he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force, the evidence shows he served in MOS 91B as the company aidman while assigned to Headquarters and Headquarters Company, 4th Engineer Battalion, 4th Infantry Division, during his assignment in Vietnam. There is no evidence showing he was assigned or attached to a medical unit of company or smaller size organic to an infantry unit of brigade, regimental or smaller size while engaged in active ground combat. 3. He participated in four campaigns during his service in Vietnam and is authorized four bronze service stars with his award of the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 4. His Vietnam unit was awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001060 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001060 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2