ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 August 2019

	DOCKET NUMBER:  AR20170012947


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.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his DD Form 214 does not list the Combat Medical Badge.  The record is in error by omission of this award.  He is applying for benefits for post-traumatic stress disorder.

3.  Review of the applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 3 April 1968.  After initial training, he was awarded military occupational specialty 91B (Medical Specialist).

	b.  He served in Vietnam from 6 September 1968 to 13 July 1969.  He was assigned to Headquarters and Headquarters Company, 4th Battalion, 39th Infantry, 9th Infantry Division, from 16 September 1968 to 8 July 1969, and Company C, 4th Battalion, 9th Infantry Division, from 9 to 12 July 1969.

	c.  Headquarters, 9th Infantry Division, issued General Order (GO) on/for:

* GO Number 1218, 3 February 1969, awarding him the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in Vietnam from 5 December 1968 to 15 January 1969
* GO Number 4451, 13 April 1969, awarding him the Army Commendation Medal with 2nd Oak Leaf Cluster (OLC), for outstanding achievement in connection with military operations against a hostile force in Vietnam from 19 February to 1 March 1969
* GO Number 4522, 15 April 1969, awarding him the Bronze Star Medal for outstanding achievement in connection with military operations against a hostile force in Vietnam from 1 February to 15 April 1969 
* Go Number 8395, 3 July 1969, awarding him the Bronze Star Medal with 1st OLC, for outstanding achievement in connection with military operations against a hostile force in Vietnam from April to June 1969

	d.  He was honorably released from active duty on 2 April 1970 and was transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 2 years of active service, of which 10 months and 8 days was foreign service.  This forms also shows he was awarded/authorized the: 

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm unit Citation
* Air Medal
* Army Commendation with 2nd OLC
* Bronze Star Medal with 4th OLC

	e.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlistment Qualification Record) does not list the Combat Medical Badge.  His available records do not contain orders awarding him the Combat Medical Badge.

4.  By regulation (AR 600-8-22), a Combat Medical Badge is awarded to medical department personnel 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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant’s requested relief was supported by a preponderance of the evidence.  Therefore, the Board recommended granting the CMB and adding it to the applicant’s DD Form 214.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Combat Medical Badge.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The 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.  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.


ABCMR Record of Proceedings (cont)	 AR20170012947


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