BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160001558 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: 6 July 2017 DOCKET NUMBER: AR20160001558 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. BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160001558 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Medical Badge and Bronze Star Medal with "V" Device. 2. The applicant states he served as a medical specialist with the 35th Engineer Battalion in Vietnam from 25 August 1967 to 25 August 1968. He was awarded the Bronze Star Medal with "V" Device for exceptional superior service evaluating, treating, and evacuating the sick and wounded in Vietnam. 3. The applicant provides: * DD Form 214 * U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decorations for Valor or Merit) * Letter from The American Legion 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 was inducted into the Army of the United States on 14 March 1967 and he held military occupational specialty (MOS) 91B (Medical Specialist). 3. He served in Vietnam from on or about 26 August 1967 to 15 August 1968. He was assigned to Headquarters and Headquarters Company, 35th Engineer Battalion, 45th Engineer Group. 4. He was honorably released from active duty on 13 March 1969. His DD Form 214 shows he completed 2 years of active service. It also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 5. There are no orders in his records awarding him the Combat Medical Badge or the Bronze Star Medal with "V" Device. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not reflect either award. 6. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders showing the applicant was awarded the Bronze Star Medal with "V" Device or the Combat Medical Badge. 7. He provided a USARV Form 157-R, dated 15 August 1968, which is signed by a company commander and a battalion commander; however, it does not list the specific award he was being recommended for. It does list the dates of service (merit) from 25 August 1967 to 25 August 1968. It also reflects a narrative description that states: [Applicant] has performed his duties in an exceptionally superior manner. His ability to evaluate treatment and evaluate the sick and wounded has been a definite asset to this unit. [Applicant's] duties with the company has been varied: routine screening of sick call, emergency treatment of wounds and injuries, and assisting the company field sanitation team to mention but a few. He has devoted the major portion of his time to the men on mine sweep, at work sites, and wherever the need for his training might be needed. His ability and performance of duty has been in the highest interest of the service. [Applicant's] action reflects great credit on himself, the medical corps, and the United States Army. REFERENCES: 1. 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. 2. Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards, including Bronze Star Medal. 3. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. With respect to the Combat Medical Badge: a. The applicant's medical MOS and service in the Republic of Vietnam are not in question. Additionally, the applicant's sincerity with regard to his participation and/or performing duties as a combat medic in Vietnam is also not in question. However, he was assigned to an engineer unit. b. There is no evidence in the available records and he did not submit substantiating evidence that shows he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which engaged in active ground combat. He does not meet the criteria for this badge. 2. With respect to the Bronze Star Medal with "V" Device: a. There are no orders available that show the applicant was recommended for or awarded the Bronze Star Medal with "V" Device. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Bronze Star Medal. b. The recommendation he provided does not indicate the degree of the award being recommended (Army Commendation Medal, Bronze Star Medal, Silver Star) and this recommendation also clearly indicates this award was recommended for service, not for heroism. c. Nevertheless, while the available evidence is insufficient for awarding the applicant the Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001558 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001558 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2