RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040009562


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

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

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Combat Medical Badge
(CMB).

2.  The applicant states, in effect, that he is entitled to the CMB based
on his combat service while serving with the Coalition/Joint Civil Military
Operations Task Force (CJCMOTF) in Afghanistan.  The applicant claims that
he was denied the award due to personal bias of the Task Force Commander
and also a failure of the Department of the Army, Military Awards Branch,
to recognize the unit's direct contact with enemy forces.

3.  The applicant provides a copy of Combined Joint Task Force 180 (CJTF
180) CJ3 message, dated September 2003; a memorandum, subject: Statement of
Wartime Services, dated 4 September 2003; CJTF-180 memorandum, subject:
CJCMOTF Nomination for Combat Medical Badge, dated 10 November 2003;
CJTF180 email, subject:  CMB Review, dated 29 March 2004; Military Awards
Branch memorandum to Representative Mark R. Kennedy, dated
7 September 2004, and a copy of regulatory guidance pertaining to the CMB.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on
27 August 2003.  The application submitted in this case is dated
26 October 2004.

2.  The applicant’s record shows he was inducted into the United States
Army and entered active duty on 8 October 1970.  He was trained in,
awarded, and served in military occupational specialty (MOS) 91A (Medical
Corpsman).  The applicant served in Vietnam from 2 January 1971 to 4
February 1972 and was separated from active duty on 20 April 1972.

3.  A review of the applicant's Military Personnel Records Jacket shows
that he earned the Good Conduct Medal, National Defense Service Medal,
Vietnam Service Medal, Republic of Vietnam Campaign Medal with two bronze
service stars, and Parachute Badge during his tenure on active duty.  The
record is void of information relevant to his military service subsequent
to 20 April 1972.

4.  Documents provided by the applicant show that he served in Afghanistan
from 28 August 2003 to 1 September 2003.  During this period, he was
attached to the 1st Battalion, 3rd Special Forces Group (Airborne),
Coalition Joint Special Operations Task Force, in support of operation
Warrior Sweep Phase IV, performing duties in MOS 72D (Environmental Science
Officer).

5.  Documentation provided by the applicant shows that the mission of the
CJCMOTF Surgeon Cell during Operation Warrior Sweep was to conduct Civil
Military Affairs operations providing immunizations and vitamin supplements
to children and women of the local population and also augment organic
Special Forces Group assets for medical support.

6.  Documentation provided by the applicant indicates that during
operations the Soldiers came in direct contact with enemy forces (i.e.
improvised explosive devices and direct fire).

7.  Documentation provided by the applicant also shows the request for
award of the CMB to the applicant was coordinated by the CJTF180 CJ1 with
Department of the Army, Military Awards Board, for review, clarification,
and guidance.

8.  The applicant provided a letter from the Military Awards Branch that
shows the request for award of the CMB was reviewed on two occasions and
also coordinated with the Office of the Surgeon General.  The Military
Awards Branch determined that there was insufficient evidence to show that
the medical personnel of the CJCMOTF Surgeon Cell were personally present
and under hostile fire, adding that the mere presence of a hostile threat
is insufficient justification for the award.

9.  Documentation provided by the applicant shows that he was released from
active duty on 28 May 2004 and is currently a member of the Army Reserve.

10.  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, ranger, or
special forces unit of brigade, regimental or smaller size which is engaged
in active ground combat.  Since inception, the intent of the Department of
the Army regarding this requirement has been that medical personnel must be
personally present and under fire in order to be eligible for the awarding
of the badge.  This fact naturally precludes the awarding of the badge to
those medical personnel who accompany infantry, ranger, or special forces
units into a potential engagement area, but do not come under enemy fire.
Battle participation credit is not sufficient; the unit must have been in
contact with the enemy and the Soldier must have been personally present
and under fire during such ground combat.  There was never any intention to
award the CMB to all medical personnel who serve in a combat zone or
imminent danger area.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CMB was carefully
considered.  The applicant indicates that he earned the CMB on 27 August
2003; however, evidence provided by the applicant shows that he was
attached to the CJCMOTF Surgeon Cell in Afghanistan from 28 August 2003 to
1 September 2003.  Notwithstanding this apparent error in the date by the
applicant, this review considered all of dates and evidence provided.

2.  There is insufficient evidence to show that the Task Force Commander
was biased in his decision to deny award of the CMB to the applicant.  In
fact, documentation provided by the applicant shows the CJTF180 CJ1, under
the direction of the Commander, CJTF180,  coordinated the request for award
of the CMB with Department of the Army, Military Awards Branch, for their
review, clarification, and guidance.

3.  The documentation also shows that the applicant's request for award of
the CMB was considered on at least two occasions by the Department of the
Army, Military Awards Branch, coordinated with the Office of the Surgeon
General, and found not to have met the requirements for award of the CMB.

4.  Evidence presented shows that the mission of the CJCMOTF Surgeon Cell
during Operation Warrior Sweep was to conduct Civil Military Affairs
operations providing immunizations and vitamin supplements to children and
women of the local population.  There is no evidence that the mission was
to actively engage in ground combat with the enemy.  By regulation, in
order to qualify for the CMB, there must be evidence confirming that the
unit is engaged in active ground combat.  Therefore, the regulatory
criteria necessary to support award of the CMB has not been satisfied in
this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MHM_  __JTM__   __JBG__  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.





                                  ____  Melvin H. Meyer_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040009562                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |20040528                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0113.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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