ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20190009688 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Combat Medical Badge (CMB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * multiple portions of newspaper articles and photographs 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: a. He received the CMB, but it is not reflected on his DD Form 214. b. He held the military occupational specialty (MOS) 91B (Medical Specialist) and served with Company C, 5th Battalion, 60th Infantry, 9th Infantry Division in Vietnam. 3. The applicant enlisted in the Regular Army on 5 September 1968. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he held the MOS 91B * he served in Vietnam from 5 November 1969 through 24 October 1970, during which time he participated in three campaigns * item 38 (Record of Assignments) does not list any of his assignments or duty MOS prior to his 7 December 1970 arrival at Fort Bragg, NC 5. His records contain the following general orders, which show he was assigned to Company C, 5th Battalion, 60th Infantry, 9th Infantry Division while in Vietnam and awarded him the following: * Headquarters, II Field Force Vietnam General Orders Number 1561, dated 13 April 1970, awarded the Army Commendation Medal (ARCOM) for meritorious achievement in connection with military operations against a hostile force from 12 November 1969 to 12 March 1970 * Headquarters, II Field Force Vietnam General Orders Number 2217, dated 29 May 1970, awarded the Air Medal (AM) for meritorious achievement while participating in sustained aerial flight from 14 November 1969 to 14 February 1970 * Headquarters, II Field Force Vietnam General Orders Number 2604, dated 15 June 1970, awarded the Bronze Star Medal (BSM) for meritorious achievement in connection with military operations against a hostile force on 11 February 1970 * Headquarters, II Field Force Vietnam General Orders Number 2756, dated 27 June 1970, awarded the BSM for meritorious achievement in military operations against a hostile force on 11 February 1970 6. Headquarters, II Field Force Vietnam General Orders Number 2604, dated 15 June 1970 and Headquarters, II Field Force Vietnam General Orders Number 2756, dated 27 June 1970 appear to have awarded the applicant the BSM for the same meritorious achievement in connection with military operations against a hostile force on the same date, 11 February 1970. 7. He was honorably released from active duty on 3 September 1971, after 2 years, 11 months, and 29 days of active service this period. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * ARCOM * Parachutist Badge * Air Medal * BSM * BSM (1st Oak leaf Cluster) * Vietnam Campaign Medal with Device (1960) 8. There is no evidence of record he was ever awarded the CMB. 9. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal CMB orders pertaining to the applicant. 10. The applicant provided a photograph, wherein the names “Doc (the applicant) and Doc” are handwritten over a group of men carrying a litter with a body on it. 11. He also provided copies of portions of numerous newspaper articles from an unknown source, most of which do not reference the applicant. One heading, “Vietnam scrapbook” refers the reader to a top right photograph of the applicant, as he “walks through the Vietnamese countryside in 1968.” 12. One final photograph of three men, presumably one of them being the applicant, also has an overlay of a newspaper article photocopied on top of it. The article states the applicant, a combat medic, and two other members of Company C, 5th Battalion, 60th Infantry, assumed the role of mother to two small puppies, tending to their needs. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Board concluded that a preponderance of the evidence shows the applicant met the criteria for award of the Combat Medical Badge. The applicant was a medic assigned to an infantry company, and he received multiple awards for meritorious achievement in connection with military operations against a hostile force. The Board agreed that this evidence support a conclusion that he was personally present and under fire while his infantry unit was in contact with the enemy, thereby earning the Combat Medical Badge. 3. The Board agreed that, in addition to the Combat Medical Badge, the applicant's DD Form 214 should be corrected to show any additional awards he is authorized, to include the Army Good Conduct Medal, unit awards, and any Bronze Service Stars he is authorized to wear with his Vietnam Service Medal. Although his conduct and efficiency ratings are not available for review, the Board agreed that his record of awards received in Vietnam, the absence of any derogatory information, and his rank of specialist five/E-5 at separation are evidence of excellence in both conduct and efficiency that supports awarding him the Army Good Conduct Medal (1st Award). 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 the Army records of the individual concerned be corrected by: * Awarding him the Combat Medical Badge effective 11 February 1970 * Awarding him the Army Good Conduct Medal (1st Award) for the period 5 September 1968 to 3 September 1971 * Deleting "Vietnam Service Medal" from his DD Form 214 * Adding to his DD Form 214 – * Combat Medical Badge * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three Bronze Service Stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 11/27/2019 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. 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. 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. Bronze Service Stars are worn on the Vietnam Service Medal to denote participation in named campaigns. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated, in part, that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. //NOTHING FOLLOWS//