BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170008674 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: 24 October 2018 DOCKET NUMBER: AR20170008674 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence of record and independent evidence provided by the applicant and his counsel are sufficient to render a decision at this time without personal appearance. 2. 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: 24 October 2018 DOCKET NUMBER: AR20170008674 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 (Report of Separation from Active Duty) to show award of the Combat Medical Badge (CMB). 2. The applicant states he performed his duties in the Republic of Vietnam like all combat medics out on patrol and at major fire bases. He further states the officer who was going to recommend him for the CMB was killed. 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 enlisted in the Regular Army (RA) on 19 April 1966. He completed training and he was awarded military occupational specialty (MOS) 91B (Medical Specialist). 3. The applicant was honorably released from active duty at the expiration of his term of service on 18 April 1969. The DD Form 214 he was issued shows he was awarded or authorized the Marksman Marksmanship Qualification Badge with Pistol Bar. 4. The applicant enlisted in the RA on 15 May 1969. Evidence shows the applicant served in the Republic of Vietnam for the period 19 May 1970 to 19 April 1971. He served with Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry Regiment as a Medical Aidman for the period 2 June 1970 to 17 April 1971. 5. There is no evidence in the applicant's official military records which show the applicant was recommended for or awarded the CMB. 6. His records contain a memorandum from the commander, Headquarters Company, 2nd Battalion, 36th Infantry Regiment, dated 6 September 1974, to the commanding officer, U.S. Army Enlisted Records Center Awards and Decorations Department in which he requested the applicant's records be screened to determine if the applicant was eligible for the CMB. There is no evidence the screening resulted in award of the CMB. 7. On 14 July 1975, he was honorably discharged in the rank of specialist five. He was credited with completing 6 years and 2 months of active service of which 1 year, 11 months and 11 days was listed as foreign service. His DD Form 214 shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the CMB 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. 2. 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. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. Additionally, applicants may be represented by counsel at their own expense. DISCUSSION: 1. There are three basic requirements for award of the Combat Medical Badge. The Soldier must hold a medical specialty, he must be assigned to 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 during such time as the unit is engaged in active ground combat, and he must be personally present and under hostile fire during such ground combat. 2. The applicant was trained in, held, and performed duty in a medical MOS and he served in Vietnam. There is no evidence that he was personally present while the unit to which he was affiliated was actively engaged by the enemy. The evidence shows a request was sent to the U.S. Army Enlisted Records Center Awards and Decorations Department to screen the applicant's records to determine if he was eligible for the CMB. There is no evidence the screening resulted in award of the CMB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170008674 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170008674 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2