RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050006300


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, that he be awarded the Combat
Medical Badge.

2.  The applicant states, in effect, that he is requesting the Combat
Medical Badge be awarded to him for his medical duties during Operation
Desert Storm in 1990-1991.  His unit, the 429th Medical Company from Fort
Bragg, North Carolina was attached, he states, to the 1st Cavalry Division,
101st Airborne Division, 82nd Airborne Division, and the XVIII Airborne
Corps, all units that were involved in active ground combat.

3.  The Board, he adds, should find it in the interest of justice to
consider his application because he met the eligibility qualifications for
award of the Combat Medical Badge and it is the right and honorable thing
to do.

4.  The applicant provided a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty; a copy of a DD Form 215, Correction
to DD Form 214, dated 21 November 1996; a copy of a certificate awarding
him the Army Commendation Medal, dated 1 April 1991; a copy of a DA Form
1577, Authorization for Issuance of Awards, dated 22 November 1996; and a
copy of a Department of the Army Letter, Subject:  Policy Change to the
Combat Medical Badge, dated 15 July 2004; in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 16 August 1992, the date he was released from active duty.  The
application submitted in this case is dated 18 April 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the US Army Reserve Delayed Entry /
Enlistment Program, for 8 years, on 28 July 1988.  On 17 August 1988, the
applicant
enlisted in the Regular Army for 4 years.  Following completion of basic
combat training at Fort Bliss, Texas, he completed advanced individual
training at Fort Sam Houston, Texas, and was awarded the primary military
occupational specialty (MOS), 91A, Medical Specialist.

4.  The applicant volunteered for and completed Basic Airborne Training and
was awarded the Parachutist Badge in February 1989.

5.  The applicant was assigned to serve with the 429th Medical Company,
Fort Bragg, North Carolina.  The applicant remained assigned to this unit
until he was released from active duty on 16 August 1992.

6.  The applicant was honorably released from active duty in the rank and
pay grade of Specialist, E-4, on 16 August 1992, under the provisions of
Army Regulation (AR) 635-200, Chapter 4, at the expiration of his term of
service.

7.  On the date the applicant was released from active duty, he had
completed 4 years active military service, with no days lost time.

8.  The DD Form 214 the applicant was issued on his discharge date shows,
in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), that during his Army service, he was awarded:  the
National Defense Service Medal; the Army Lapel Button; the Army Service
Ribbon; the Southwest Asia Service Medal, with two bronze service stars;
the Parachutist Badge; the Good Conduct Medal; the Noncommissioned Officer
Professional Development Ribbon; the Army Commendation Medal; and, the
Driver and Mechanic Badge.  No other awards are shown on the applicant's
DD Form 214; however, the Kuwait Liberation Medals awarded by the Kingdom
of Saudi Arabia and the Government of Kuwait were added to the applicant's
DD Form 214 on 21 November 1996.

9.  Item 18 (Remarks), of the applicant's DD Form 214, shows that he
deployed and served in Southwest Asia in support of Operation Desert Shield
/ Desert Storm from 4 October 1990 through 13 April 1991.

10.  The applicant was awarded the Army Commendation Medal, for
exceptionally meritorious achievement in Operation Desert Shield/Desert
Storm while the 44th Medical Brigade provided health care to forces of the
XVIII Airborne Corps.  The certificate for this award, which the applicant
provided in support of his request, shows that during his deployment to
Southwest Asia, the
applicant served as an ambulance driver/aidman with the 429th Medical
Company, 56th Medical Battalion, 62nd Medical Group, 44th Medical Brigade.

11.  There are no orders in the applicant's service personnel records
showing that he or his unit were assigned or attached to an infantry unit
of brigade, regimental, or smaller size, during any period the infantry
unit was engaged in actual ground combat and that he was personally under
fire during such ground combat.

12.  AR 600-8-22 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.

13.  The applicant's unit was awarded the Meritorious Unit Commendation,
for exceptionally meritorious conduct in performance of outstanding
service, during the period 8 September 1990 to 11 April 1991, by Department
of the Army General Orders 12, dated 13 May 1994, while he was a member of
the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant deployed with his unit to Southwest Asia in support of
Operation Desert Shield/Desert Storm with his unit, the 429th Medical
Company as part of the 44th Medical Brigade.

2.  The 44th Medical Brigade had the responsibility of providing health
care to Soldiers of the XVIII Airborne Corps.

3.  There are no orders in the applicant's service personnel records, and
the applicant provided none, to show that he or his unit were assigned or
attached as an organic part of an infantry unit of brigade, regimental or
smaller size, which was engaged in active ground combat and that he was
personally present and under fire during such ground combat.

4.  Based on the available evidence, the applicant is therefore ineligible
for award of the Combat Medical Badge and to have it added to his DD Form
214.
5.  The applicant's unit was awarded the Meritorious Unit Commendation for
its participation in Operation Desert Shield/Desert Storm, while he was a
member of the unit.  The unit award was not made until after the applicant
had been released from active duty.  The applicant is entitled to this unit
commendation and to have it added to his DD Form 214.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 August 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 August 1995.  The applicant did not file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_CD   ___  __KSJ___  _SLP___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations
prescribed by law.  Therefore, there is insufficient basis to waive the
statute of limitations for timely filing or for correction of the records
of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding the applicant the Meritorious Unit Commendation and
adding this award to his DD Form 214.





                                  ___Shirley L. Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006300                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   159                |107.0113                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]