RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 December 2005
      DOCKET NUMBER:  AR20050006293


      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. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 was recommended for award of
the CMB by his unit commander (96th Engineer) and by the commander of
Operational Detachment Alpha 931, 19th Special Forces Group, in whose
command he performed the CMB qualifying service during Operations Enduring
Freedom.  He states that he was informed that CMB was not approved because
there was no proof he was assigned or attached to the 19th Special Forces
Group, and/or that he was personally present with unit, performing duties
in MOS 91W as a medical specialist, while the unit was engaged in ground
combat with enemy forces.  He states that after being told the memorandum
certifying his involvement in action was not sufficient, he received a copy
of the Situation Report (SITREP) and Operation Summary (OPSUM) from the
19th Special Forces commander to confirm his participation in combat with
the unit.

3.  The applicant also states that after providing the additional evidence
outlined above, he was told that he was never assigned or attached to
Operational Detachment Alpha 931, 19th Special Forces Group, and he was
with the unit only for Operational Control (OPCON).  He claims the error in
his record is that he is not being awarded the CMB because there were no
formal assignment or attachment orders, even though he was temporarily
assigned to Operational Detachment 931 by verbal and written orders from
his unit commander.  He performed his duties with this qualifying unit
while the unit was under direct enemy fire.  He further states that he did
not sit around waiting for Department of Army (DA) orders before he would
do the mission he was ordered to do, so he accepted the verbal and written
orders of his commander and served with Operational Detachment Alpha
performing medical duties in combat.  He concludes by stating that it would
be unjust to deny him the CMB after he put his life in harms way to treat
wounded Soldiers.

4.  The applicant provides the following documentation in support of his
application: United States Army Aviation and Missile Command Orders Number
03-365-00373; Situation Report (SITREP); Electronic Mail (e-mail); Company
B, 926th Engineer Battalion Memorandum, dated 1 January 2005; C Co,
1st Battalion, 19th Special Forces Group Memorandum, dated 14 May 2004;
Company B, 926th Engineer Battalion Memorandum, dated 7 May 2004; and DA
Letter 600-04-3, Subject:  Policy Changes to CMB.
CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that while serving as a member of the
United States Army Reserve (USAR) on 31 December 2003, he was ordered to
active duty in support of Operation Enduring Freedom.  At the time, the
applicant’s primary military occupational specialty (MOS) was 91W (Medical
Specialist) and he held the rank of sergeant (SGT).

2.  On 6 April 2005, the applicant was honorably separated after completing
the required period of his active duty service.  The DD Form 214 he was
issued confirms he completed 1 year, 3 months and 5 days of active duty
service during the period, and that he held the rank of staff sergeant
(SSG) on the date of his separation.  It also confirms he earned the
following awards:  Global War on Terrorism Service Medal; Global War on
Terrorism Expeditionary Medal; Army Commendation Medal; Army Achievement
Medal; National Defense Service Medal; Armed Forces Reserve Medal with "M"
Device; Noncommissioned Officer Professional Development Ribbon; Army
Service Ribbon; Sharpshooter Qualification Badge with Grenade Bar; and
Marksman Qualification Badge with Rifle Bar;  The CMB was not included in
the list of awards contained on the separation document.

3.  The applicant’s record includes a copy of 640th Area Support Group
Orders   Number 03-365-00373, dated 31 December 2003.  These orders ordered
the applicant to active duty in support of Operation Enduring Freedom on 2
January 2004, and assigned him to Company B, 926th Engineer Battalion.

4.  On 7 May 2004, the applicant's unit (Company B, 926th Engineer
Battalion), while in Afghanistan, was tasked to provide personnel to
Company C,
1st Battalion, 19th Special Forces Group, for duty at Special Operations
Base, Operational Detachment A, Special Forces 931, Bari Kowt, Afghanistan.
 This attachment requirement stipulated that personnel selected were
required to have prior medical training and qualified to treat Soldier's
injuries and wounds sustained in combat, and would be required to accompany
Special Operations Forces during patrols where enemy contact was imminent.
The memorandum further stated that the applicant had been selected for the
tasking and attached to the 19th Special Forces Group to provide medical
treatment to casualties during combat operations.

5.  On 11 May 2004, a Situation Report (SITREP) was prepared that shows
that while the applicant was serving with a Special Forces unit at Special
Operations Base, Bari Kowt, Afghanistan, performing duties as a medical
specialist, he was personally present with the unit and satisfactorily
performed medical duties while the unit was under fire and engaged in
ground combat with enemy forces.

6.  On 14 May 2004, the Special Forces Operational Detachment Alpha
Commander confirmed the applicant served under his command during his
assignment with the 1st Battalion, 19th Special Forces Group at Special
Operations Base, Bari Kowt, Afghanistan.  This Special Forces commander
recommended the applicant be awarded the CMB for satisfactorily performance
of medical duties with the unit while it was engaged in ground combat
against enemy forces.

7. On 1 January 2005, the applicant's parent unit commander (926th Engineer
Battalion) submitted a recommendation that the applicant be awarded the CMB
based on the medical support he provided to the 19th Special Forces Group,
Operational Detachment Alpha 931, which included his personal presence with
the unit while it was engaged in action against enemy forces during the
period 9 through 17 May 2004.

8.  The applicant provides an e-mail, dated 23 February 2005, in which
there is discussion between he and his commander that confirms the CMB
recommended by his commander was denied by Group Headquarters.

9.  The applicant also provides a letter from a legal assistance attorney
from the United States Army Aviation and Missile Command.  This legal
representative stated that on 1 January 2005, the applicant's commander
recommended him for the CMB and that a review of the regulatory criteria
confirms the applicant’s eligibility for the award based on his service
with the 19th Special Forces Group. She further stated his eligibility
became ever clearer when on 12 May 2004, the DCS, G1 approved the
regulatory policy change to the CMB in DA Letter
600-04-3, dated 15 July 2004, which authorized award of the CMB to
"Personnel assigned or attached to or under operation control of any ground
Combat Arms unit 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”.  She further stated the
applicant directly fell within this category.

10.  Chapter 8 of the awards regulation contains the policy on award of
badges and tabs of United States origin.  Paragraph 8-7 contains the policy
and outlines the eligibility criteria for award of the CMB.  It states, in
pertinent part, that a CMB may be awarded to eligible medical personnel who
are 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, organic to an infantry unit of brigade or smaller size,
during any period the infantry unit is engaged in actual ground combat,
provided they are personally present and under fire during such ground
combat:

11.  Headquarters Department of Army Letter 600-04-3 provided, in pertinent
part, that subsequent to 11 September 2001, personnel assigned or attached
to or under the OPCON of any ground Combat Army unit (not to include
members assigned or attached to Aviation units) of brigade or small size,
who satisfactorily performed medical duties while the unit is engaged in
actual ground combat, provided they are personally present and under fire
are eligible for award of the CMB.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, subsequent to 11 September 2001, the CMB may be awarded
to personnel assigned or attached to or under the OPCON of any ground
Combat Arms unit 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.

2.  The evidence of record confirms the applicant served in a medical MOS
with a qualifying Special Forces unit and was personally present with the
unit while it engaged in combat with enemy forces.  Therefore, he is
eligible to receive the CMB.  The Group Headquarters determination that the
applicant was not eligible because there were no formal assignment or
attachment orders while technically correct at the time does not adequately
address the applicant’s entitlement to the award based on his actually
satisfying all the regulatory criteria.  This is further supported by the
2004 policy change that included members under the OPCON of a qualifying
unit, which is directly applicable the applicant’s case.  Therefore, it
would be appropriate to award the applicant the CMB at this time.
BOARD VOTE:

___RTD _  __JBG__  __SWF__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
awarding him the Combat Medical Badge and by providing him a corrected
separation document that includes these awards.





                                  ____Richard T. Dunbar ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2005006293                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-12-08                              |
|TYPE OF DISCHARGE       |HD,                                     |
|DATE OF DISCHARGE       |2005/04/06                              |
|DISCHARGE AUTHORITY     |AR635-200                               |
|DISCHARGE REASON        |Chapter 4 Completion of required service|
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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