IN THE CASE OF:	 

		BOARD DATE:	       4 November 2008

		DOCKET NUMBER:  AR20080013486 


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 award of the Combat Medical Badge.

2.  The applicant states, in effect, that he was assigned to a field combat unit during the first Gulf War in military occupational specialty (MOS) 91B (medical specialist) and that he was awarded the Combat Medical Badge.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 on 16 June 1986, served as a medical specialist, and was honorably discharged on 13 September 1994.
3.  The applicant’s DD Form 214 does not show the Combat Medical Badge as an authorized award.

4.  There are no orders for the Combat Medical Badge in the available records.

5.  The applicant’s service personnel records contain a memorandum for record, dated 15 September 1992, from the applicant’s commanding officer at the time in question.  This memorandum states, in pertinent part, that the applicant was assigned to Headquarters and Headquarters Battery, 2d Battalion, 43d Air Defense Artillery, during his deployment (5 January 1992 to 1 July 1992) to Southwest Asia in support of Operation Determined Resolve.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  The Combat Medical Badge was authorized for service in Southwest Asia during the period 17 January 1991 to 11 April 1991.

7.  Department of the Army message, with a date/time group of 171226Z January 1991, provided implementation guidance for award of the Combat Medical Badge for service in the Southwest Asia theater of operations.  The message states, in pertinent part, that the Combat Medical Badge may be awarded only to medical personnel who accompany infantry or Special Forces Soldiers in active ground combat.  Battle participation credit alone will not be the basis for award of the Combat Medical Badge.

DISCUSSION AND CONCLUSIONS:

Evidence of record shows the applicant served in MOS 91B while assigned to Headquarters and Headquarters Battery, 2d Battalion, 43d Air Defense Artillery, during his assignment in Southwest Asia.  There are no orders for the Combat Medical Badge and there is no evidence of record showing that the applicant was personally present and under fire during ground combat while assigned to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size in Southwest Asia.  There is no evidence to show he served during a period the Combat Medical Badge was authorized for Southwest Asia.  Therefore, there is insufficient evidence on which to base award of the Combat Medical Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XX______  __XX______  _____XX___  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.



      ___________XXXX______________
                 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)                                         AR20080013486



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ABCMR Record of Proceedings (cont)                                         AR20080013486



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