PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002080219


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

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. Curtis L. Greenway		Member
Ms. Mae M. Bullock		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests reconsideration of his previous application to correct his military records by awarding him the Purple Heart. He also requests award of the Combat Medical Badge and the Armed Forces Expeditionary Medal, which are new issues.

3. The applicant states, in effect, that while serving as a mortar gunner, during a search and destroy mission in Vietnam on 10 July 1967, he was hit in the head with a mortar tube and received a gash in his head. He contends that he served in support of Operation Desert Storm and was awarded the Combat Medical Badge. He also contends that he served in Panama and was awarded the Armed Forces Expeditionary Medal.

4. Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the consideration of Docket Number AC97-08285 by the Army Board for Correction of Military Records (ABCMR) on 10 September 1997.

5. With his request for reconsideration for award of the Purple Heart, the applicant submitted an undated letter of explanation. These same contentions were provided with his original application and considered by the ABCMR. As a result, there is no basis for the ABCMR to further consider the applicant's request for award of the Purple Heart. Therefore, this portion of the applicant's request is not discussed further in these Proceedings because the applicant has not submitted substantial newly discovered relevant evidence or relevant evidence which shows fraud, mistake in law, mathematical miscalculation, or manifest error.

6. The applicant submitted a Memorandum, dated 5 November 1991, wherein eight individuals were awarded the Combat Medical Badge under the provisions of Army Regulation 672-5-1. The Board notes that the applicant's Social Security Number is incorrect on this memorandum. This memorandum also states, in pertinent part, that "During the period of 26 January through 1 February 1991, you demonstrated exemplary behaviour (sic), efficiency, and fidelity while serving as a member of the Armed Forces and while elements of the 1st Marine Exepeditionary (sic) Force (IMEF) were engaged with the enemy. Your contribution to saving lives on the battle field have been noted with appreciation and pride. I extend my sincere congratulations for a job well done."

7. The applicant provided a Memorandum, dated 4 April 1990, which indicates that he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Panama in support of Operation Just Cause during the period
7 January 1990 to 16 February 1990.

8. The applicant's requests for the Combat Medical Badge and the Armed Forces Expeditionary Badge are new issues which will be considered by the Board.
9. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 13 April 1991 shows he was ordered to active duty on 11 January 1991 in support of Operation Desert Shield/Desert Storm. He served as a chemical operation specialist in Southwest Asia from 25 January 1991 through 28 March 1991 and was honorably released from active duty on
13 April 1991.

10. There are no orders for the Combat Medical Badge in the applicant's service personnel records.

11. There is no evidence in the applicant's service personnel records which shows that he met the qualifications for the Combat Medical Badge.

12. The applicant's service personnel records contain orders which show he was ordered to active duty on 5 January 1990 for 31 days in support of Operation Just Cause in Panama.

13. Army Regulation 672-5-1 (Military Awards), in effect at the time, 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.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after
1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.

15. Army Regulation 15-185 (Army Board for Correction of Military Records) 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.

16. Army Regulation 15-185 provides further guidance for reconsideration requests that are received more than one year after the Board’s original


consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.

CONCLUSIONS:

1. The Board reviewed the Memorandum, dated 5 November 1991, which indicates that the applicant was awarded the Combat Medical Badge under the provisions of Army Regulation 672-5-1. However, in the absence of orders or other evidence of record showing the applicant met the qualifications for the Combat Medical Badge outlined in Army Regulation 672-5-1 (medical department personnel 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 engaged in active ground combat), the Board determined that this memorandum is not sufficient as a basis for award of the Combat Medical Badge. Therefore, there is no basis for granting the applicant's request for award of the Combat Medical Badge.

2. Orders contained in the applicant's service personnel records show he was ordered to active duty in support of Operation Just Cause in Panama during January 1990. The applicant provided a Memorandum, dated 4 April 1990, which shows that he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Panama in support of Operation Just Cause during the period 7 January 1990 to 16 February 1990. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 13 April 1991 to show award of the Armed Forces Expeditionary Medal.

3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Armed Forces Expeditionary Medal.






2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

MHM___ CLG____ MMB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080219
SUFFIX
RECON	Yes
DATE BOARDED	20030422
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	Grant
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0113
3.	107.0072
4.
5.
6.