BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160004033 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160004033 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160004033 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 Combat Medical Badge. 2. The applicant states he served as a combat medic in Vietnam. He was wounded and sent back to the United States. He believes he is entitled to award of the Combat Medical Badge. 3. The applicant provides: * DA Form 8-275-2 (Clinical Record Cover Sheet), dated 22 March 1968 * DD Form 214 * DD Form 215 (Correction to DD Form 214), dated 12 September 2012 * Purple Heart orders 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 6 September 1966. He completed his training and was awarded military occupational specialty 91B (Medical Specialist). 3. His DA Form 20 (Enlisted Qualification Record) shows he departed for Vietnam on 17 January 1968 and he was assigned to Headquarters and Headquarters Troop, 3d Squadron, 4th Cavalry Regiment, 25th Infantry Division, effective 28 January 1968. 4. He was wounded in action on 28 February 1968 and transferred to the United States on 24 March 1968 for further medical treatment. 5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Combat Medical Badge. 6. On 5 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 * Vietnam Service Medal * (Marksman) Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) 8. There are no orders for the Combat Medical Badge in his available records. 9. He provided a DD Form 215, dated 12 September 2012, showing his DD Form 214 was amended to add the following awards: * Purple Heart * Army Good Conduct Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation REFERENCES: 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, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in active ground combat. Battle participation credit alone 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: 1. The applicant contends he is entitled to award of the Combat Medical Badge because he served as a combat medic in Vietnam and he was wounded in action. 2. The governing regulation 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. 3. The evidence of record shows he was assigned to Headquarters and Headquarters Troop, 3d Squadron, 4th Cavalry Regiment, 25th Infantry Division, from 28 January 1968 until he was wounded in action on 28 February 1968. 4. Although the evidence of record shows he held a medical specialty and was wounded in action, he was not assigned or attached to a medical unit that was organic to an infantry unit of brigade, regimental, or smaller size. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004033 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004033 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2