IN THE CASE OF: BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150007309 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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased brother, a former service member (FSM), be corrected to add the Bronze Star Medal with oak leaf cluster. 2. The applicant states the FSM's grave marker does not show the Bronze Star Medal. It shows only the Purple Heart. 3. The applicant provides: * DD Form 214 * Bronze Star Medal Citation and Certificate * Certificate of Death * photograph of the FSM's grave marker * Power of Attorney * Certification of Birth * Certificate of Marriage 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 FSM's records show he enlisted in the Regular Army on 30 October 1968 and he held military occupational specialty 91B (Medical Specialist). 3. Special Orders (SO) Number 6, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ on 6 January 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar. 4. He was assigned to duty in Vietnam with Headquarters and Headquarters Company, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade, from 26 May 1969 to 26 June 1969. 5. He was wounded in action on 23 June 1969. General Orders (GO) Number 1759, issued by Headquarters, 3rd Field Hospital, awarded him the Purple Heart for wounds received in action. 6. General Orders (GO) Number 1679, issued by Headquarters, 199th Infantry Brigade, awarded him the Bronze Star Medal with "V" Device for heroism on 23 June 1969. The orders stated he was serving as an aidman on search and destroy operations with his infantry company when his unit was ambushed. Despite being wounded himself, he rendered aid to many other wounded Soldiers until evacuation. 7. GO Number 1723, issued by Headquarters, 199th Infantry Brigade, awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious achievement. 8. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 29 November 1971. His DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal with Device (1960) * Purple Heart 9. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with 2nd Battalion, 3rd Infantry, this unit was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 June 1968 to 31 July 1970 by DAGO Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 December 1966 to 31 August 1970 by DAGO Number 31, dated 1971 10. 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 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. DISCUSSION AND CONCLUSIONS: 1. GO awarded the FSM two awards of the Bronze Star Medal, one with a "V" Device for heroism. His DD Form 214 does not reflect either award. 2. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar. Neither badge is listed on his DD Form 214. 3. The applicant meets the criteria for award of the Combat Medical Badge in that his award of the Bronze Star Medal with "V" Device confirms he: * held a medical specialty * was assigned to an infantry unit * was personally present performing his medical duties when his infantry unit was engaged by the enemy 6. GO awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment to the unit. Neither foreign unit award is listed on his DD Form 214. BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 23 June 1969 * adding to his DD Form 214 the: * Bronze Star Medal (2nd Award) with "V" Device * Combat Medical Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation _______ _ 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. ABCMR Record of Proceedings (cont) AR20150007309 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007309 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1