MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 7 March 2002
         DOCKET NUMBER: AR2001065403


         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
                  Records

         Exhibit B - Military Personnel Records (including
                  advisory opinion, if any)

APPLICANT REQUESTS: Reconsideration of his earlier application to correct his military records by showing that he was awarded the Combat Medical Badge based on his service during Operation Desert Storm.

APPLICANT STATES: In effect, that he initially wrote a “general” letter and now he is providing a more detailed letter with additional information. In his request for reconsideration, he described his actions during Operation Desert Storm including treatment of minor casualties, capture of several enemy soldiers and three engagements with the enemy.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case AR2001053748 on 16 August 2001.

In support of his request for reconsideration, the applicant submitted a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of a DD Form 215 (Correction to a DD Form 214), dated 27 November 2001; a copy of a 28 February 1992 Fact Sheet regarding award of the Southwest Asia Service Medal, a copy of his promotion orders to sergeant/pay grade E-5, dated 10 June 1991; and a 7th Engineer Brigade Memorandum, dated 16 March 1991, authorizing wear of “combat patches.”

The applicant’s submission contains new evidence that requires Board consideration.

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.

Paragraph 8-7k of Army Regulation 600-8-22 states the special provisions for award of the Combat Medical Badge during the Persian Gulf War (Operation Desert Storm) from 17 January 1991 to 11 April 1991. This special provision requires that, to be eligible for the Combat Medical Badge, medical personnel must be assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size which is organic to an infantry unit of brigade or smaller size. Further, the regulation requires that the infantry unit must be engaged in actual ground combat and the medical personnel must be personally present and under fire during such ground combat.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board noted that the applicant’s records show that he was assigned to the 588th Engineer Battalion as a medical specialist during his service in Operation Desert Storm.

2. The original consideration by the ABCMR denied the request for award of the Combat Medical Badge solely because there was no evidence that the applicant was personally under fire as required by the regulation governing award of the Combat Medical Badge. In response to this finding by the ABCMR, the applicant provided a self authored letter in which he states that he was under fire on three occasions.

3. Although not explained in detail in the original Proceedings of the ABCMR on 16 August 2001, the regulation governing award of the Combat Medical Badge states three requirements for award of this badge during Operation Desert Storm.

4. The first requirement for award of the Combat Medical Badge is that the soldier must be a member of the medical department in the rank of colonel or below. The applicant’s records show that he was a medical aidman in the grade of specialist four/pay grade E-4; therefore, he met this first requirement.

5. The second requirement for award of the Combat Medical Badge is that medical personnel must be assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size which is organic to an infantry unit of brigade or smaller size. The applicant was assigned to the 588th Engineer Battalion. He was not assigned or attached to an infantry unit by appropriate orders during Operation Desert Storm; therefore, he was not eligible for award of the Combat Medical Badge based on this criteria.


6. The third requirement for award of the Combat Medical Badge is performance of duty as a medical specialist in an infantry unit engaged in actual ground combat and to be personally present and under fire during such ground combat. The Board noted the applicant’s contentions that he was in combat on at least three occasions; however, he has not provided any evidence from records or reports which show he was personally present and under fire during ground combat. Therefore, he does not meet this eligibility requirement for award of the Combat Medical Badge.

7. Notwithstanding the fact that the applicant was originally denied award of the Combat Medical Badge based on failure to show that he was personally present and under fire during ground combat, the applicant was also not eligible for award of the Combat Medical Badge during Operation Desert Storm because he was assigned to an engineer battalion, not an infantry unit of regimental or smaller size.

8. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision not to award the Combat Medical Badge to the applicant.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.


BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__JPI___ ___RKS__ ___RVO__ DENY APPLICATION



         Carl W. S. Chun

Director, Army Board for Correction
         of Military Records

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INDEX

CASE ID	AR2001065403
SUFFIX
RECON	yes
DATE BOARDED	20020307
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY	MR CHUN
ISSUES 1.	107.0113.0000
2.
3.
4.
5.
6.