IN THE CASE OF:	  

		BOARD DATE:	    11 January 2011

		DOCKET NUMBER:  AR20100015322 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Combat Medical Badge.

2.  The applicant states he was awarded the Combat Medical Badge for his service in Desert Shield/Desert Storm.

3.  The applicant provides copies of two Department of Veterans Affairs (VA) decisional documents.

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 Regular Army on 5 September 1989, completed training, and was awarded the military occupational specialty (MOS) of 91B (Medical Specialist).

3.  The Persian Gulf War Participation Roster shows the applicant served in Southwest Asia from 20 December 1990 - 10 May 1991 in MOS 91A with Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division.  

4.  On 26 July 1993, he was honorably released from active duty to attend school.

5.  His DD Form 214 shows 4 months and 16 days of foreign service and his last duty assignment was with Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division.

6.  His DA Form 2-1 (Personnel Qualification Record - Part II shows assignment to Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division effective 28 February 1990.  

7.  His authorized awards are shown as the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Good Conduct Medal.

8.  The record contains no evidence the applicant was awarded the Combat Medical Badge.

9.  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 an infantry unit of brigade, regimental, or smaller size or 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.

10.  Effective 16 January 1991, the Combat Medical Badge was also authorized for 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the Combat Medical Badge for his service in Desert Shield/Desert Storm.

2.  While the applicant was a medical specialist his reported duty assignment was with an engineer battalion not an infantry, armor, or cavalry unit of brigade, regimental, or smaller size or a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size.

3.  Additionally, there is no evidence that the applicant engaged in active ground combat.  Therefore, the applicant's request should be denied.

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)                                         AR20100015322



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ABCMR Record of Proceedings (cont)                                         AR20100015322



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