IN THE CASE OF:	  

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150002410 


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 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Combat Medical Badge (CMB) and Bronze Star Medal (BSM) with "V" Device.

2.  He states the BSM was awarded after his discharge and he was never issued the CMB, even though he met the criteria. 

3.  He provides:

* DD Form 214
* BSM Certificate
* Internet article about the CMB 

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 Army National Guard on 6 August 2002.  He was trained in and awarded primary military occupational specialty (PMOS) 91W (Health Care Specialist). 

3.  Orders 146-615, dated 25 May 2004, ordered the applicant to active duty in support of Iraqi Freedom.  His PMOS is listed as 91W.  On 28 August 2004, he was ordered to active duty and he served in Iraq from 19 November 2004 to 
20 March 2005.

4.  A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 24 May 2005, shows the applicant was injured on 20 March 2005, while assigned to Headquarters and Headquarters Troop, 2nd Battalion, 278th Armored Cavalry Regiment, Iraq.  The form stated that the applicant was traveling in a convoy when the vehicle he was in was hit by an improvised explosive device.

5.  On 30 August 2005, he was honorably released from active duty.  His 
DD Form 214 shows the:

* Purple Heart
* National Defense Service Medal
* Iraqi Campaign Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars

6.  The BSM Certificate provided by the applicant, dated 22 August 2007, indicates he was awarded the BSM for heroic achievement on 20 March 2005, while assigned as a Health Care Specialist during Operation Iraqi Freedom.  The BSM citation states, in effect, that after the applicant was injured by an IED, he was fired upon by the enemy.  "Despite his injuries, [the applicant] jumped from his vehicle and crawled 700 meters under enemy fire to give medical care to injured Soldiers."  However, a copy of the citation or orders awarding him the BSM were not contained in his official military personnel file (OMPF).

7.  An ABCMR staff member tried to contact the applicant at the email and telephone numbers that were provided to ascertain whether he had orders for the award of the BSM, but his voice mail was not set-up and he did not respond to the email. 
8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The CMB is awarded to medical department personnel (colonel and below) who are assigned or attached by appropriate orders to an infantry unit of either a brigade, regiment, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 
6 December 1941. Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy.  Effective 16 January 1991, medical personnel assigned or attached to armor and ground cavalry units of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire.  
   
	b.  The BSM 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	c.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the BSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a copy of the certificate for the BSM with "V" Device.  However, there are no orders in his OMPF and he did not provide any orders awarding him the BSM.  In the absence of orders awarding the applicant the BSM, there appears to be insufficient evidence to add the BSM to his DD Form 214 at this time.

2.  Evidence of record shows he was ordered to active duty in PMOS 91W and was assigned to Headquarters and Headquarters Troop, 2nd Battalion, 278th Armored Cavalry Regiment.  However, there is no evidence and he did not provide sufficient evidence to show he was personally present and performed medical duties while the unit was engaged in actual ground combat.  Therefore, there appears to be no basis for awarding him the CMB under these criteria.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20150002410



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ABCMR Record of Proceedings (cont)                                         AR20150002410



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