IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000189 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 IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000189 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. IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000189 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Expert Field Medical Badge (EFMB), Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, Army Commendation Medal (ARCOM), and a Meritorious Unit Commendation (MUC). 2. The applicant states his awards issued in the Republic of Vietnam were never added to his record. 3. The applicant provides: * DD Form 214 * DD Form 214 (Correction to DD Form 214) * 4 DA Forms 638 (Recommendation for Award) * 3 letters 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 enlisted in the Regular Army on 3 January 1967. He completed training and he was awarded military occupational specialty (MOS) 42D (Dental Laboratory Specialist). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam for the period 31 October 1968 to 30 October 1969. Item 38 (Record of Assignments) shows he was assigned to the 934th Medical Detachment from 14 December 1968 to 29 October 1969, performing duties in MOS 42D as a dental laboratory specialist. Item 41 (Awards and Decorations) does not list any of the awards he requests. 4. On 31 October 1969 he was honorably released from active duty. His DD Form 214 lists the following awards: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * 2 Overseas Service Bars 5. On 28 February 1984, the applicant requested relief from this ABCMR for award of the Bronze Star Medal, ARCOM, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 6. On 25 June 1984, his DD Form 214 was corrected by DD Form 215 to add the: * Vietnam Service Medal with 4 bronze service stars * Expert Marksmanship Qualification Badge with Automatic Rifle Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation 7. On 14 November 1984, the ABCMR denied his request and stated the applicant was not entitled to any awards or decorations other than those listed on his DD Forms 214 and 215. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any award orders for the applicant. 9. The applicant provides: a. Page 1 of four different DA Forms 638 presumably completed by the former commander of the 934th Medical Detachment to the U.S. Army Human Resources Command in which the applicant is recommended for award of the EFMB, ARCOM, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and a MUC. b. A letter from the former commander of the 934th Medical Detachment to a member of congress dated 13 April 2012, who attests to the applicant going beyond the call throughout his tour in Vietnam. c. A letter from a retired major general to a member of congress dated 28 August 2012, who recommended approval of the awards noted in the 13 April 2012 letter. d. A letter from the National Personnel Records Center dated 18 March 2014 which authorized shipment of the EFMB, ARCOM and MUC. REFERENCES: 1. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to the 934th Medical Detachment, his unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation or a MUC. 2. Army Regulation 600-8-22 (Military Awards) states: a. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The basic eligibility criteria for enlisted personnel to receive the EFMB is to have a specialty skill identifier, a primary MOS in the medical career management field and be serving on active duty. The authority to test and award the EFMB is as follows: the following commanders in the grade of LTC/O–5 or above are authorized to conduct the test and award the badge. Commanders must have the resources and facilities to conduct the test as prescribed by the U.S. Army Medical Department Center and School. (1) Active Army TOE and TDA medical units (2) Division headquarters medical elements (3) Separate regiments and brigades (4) Commanders of U.S. Army Reserve and Army National Guard units must conduct the test during their annual active duty training 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. There is no evidence in the applicant's available records that shows he was awarded the ARCOM. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the ARCOM). 3. The governing pamphlet lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to the 934th Medical Detachment, his unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation or a MUC. 4. The EFMB is the non-combat equivalent of the Combat Medical Badge. However, there is no evidence in his available records that shows the applicant successfully tested for the EFMB, held a special skill identifier, or was awarded the EFMB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000189 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000189 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2