RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060009589 


	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. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. James E. Anderholm 

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Edward E. Montgomery

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, correction of item 12f (Foreign Service), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show the entry "0001 07 00" (1 year and 7 months) instead of the entry "0000 11 11" (11 months and 11 days) and award of the Meritorious Service Medal (MSM), and the Combat Medical Badge (CMB).

2.  The applicant states, in effect, that his time in service and awards are not properly recorded on his DD Form 214.  His CMB is reflected in his award certificate for the Bronze Star Medal with "V" Device.

3.  The applicant provides a copy of his DD Form 214, a copy of his DA Form 638 (Recommendation for Award) awarding him the MSM, a copy of his award certificate for the BSM with "V" Device, and deployment orders, a copy of an Entitlement Data Sheet, and separation leave record, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he entered active duty in the Illinois Army National Guard (ILARNG) on 7 September 2004, as a health care specialist, in military occupational specialty (MOS) 91W, in the pay grade of E-4, with prior military service.  He continued to serve until he was released from active duty on 15 June 2006.  

2.  The applicant provides a copy of ILARNG State Orders Number 246-026, dated 2 September 2004, which shows that he was ordered to active duty on 7 September 2004 and with a reporting date of 10 September 2004, to his MOB (mobilization), station, Fort Hood, Texas.  His period of active duty was not to exceed 365 days in support of Operation Iraqi Freedom.  

3.  Orders specifically transporting the applicant to Kuwait and Iraq, in support of Operation Iraqi Freedom are not available for the Board's review.

4.  On 8 September 2005, orders were published by U. S. Army Human Resources Command (AHRC)-Alexandria, ordering the applicant to active duty effective 22 September 2005, for 270 days, in support of Operation Iraqi Freedom.  When ordered to this period of active duty, he was "on station" in Iraq.



5.  Item 18 (Remarks), of the applicant’s DD Form 214, shows that the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF) while serving in Kuwait and Iraq from 17 May 2005 to 27 April 2006 (11 months and 11 days).  

6.  Item 12f (Foreign Service), of the applicant's DD Form 214, shows the entry 
"0000 11 11" (11 months and 11 days).

7.  The applicant provides a copy of an Entitlement Data Sheet, as of 1 May 2006, which shows that his HFP (hostile fire pay) began on 18 October 2004 to 18 June 2006, which equates to 1 year and 8 months.

8.  Item 13, of the applicant's DD Form 214, does not show the MSM or the CMB as authorized awards.

9.  The applicant provided a copy of his DA Form 638 which shows that he was awarded the MSM by Permanent Orders 204-26, dated 23 July 2005, for exceptional performance during Operation Iraqi Freedom as a combat medic from 5 October 2004 to 15 December 2005.  His DA Form 638 indicated that he had shown his expertise and capabilities as a combat medic on many occasions. He provided assistance to other units who had no medic on hand.

10.  The applicant provides a copy of his award certificate which awarded him the BSM, with "V" device, for exceptionally meritorious achievement while assigned as a combat medic during Operation Iraqi Freedom, while assigned to the HHC (Headquarters and Headquarters Company), 2nd Battalion, 130th Infantry.  The certificate also states that the applicant put his own life in danger to treat and medevac wounded Soldiers following an IED (Improvised Explosive Device) attack.  

11.  There are no orders in the applicant's military personnel records awarding him the Combat Medical Badge.

12.  The applicant provides a copy of his Separation Leave Record, dated 28 April 2006, which shows that he was due payment for .5 days accrued leave.






13.  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 and the Soldier must have been personally present and under fire during such ground combat.

14.  Paragraph 8-7c(1) of Army Regulation 600-8-22 provides that subsequent to 18 September 2001, medical personnel assigned or attached to or under operational control of any ground Combat Arms unit (not to include members assigned or attached to Aviation units) or brigade or smaller size, who satisfactorily performed medical duties while the unit was engaged in active ground combat, provided they were personally present and under fire.  Retroactive awards under this criteria are not authorized for service prior to 18 September 2001.

15.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 
12f.  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.  However, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD) will be entered in item 18 (Remarks), of the DD Form 214.  

16.  Army Regulation (AR) 15-185, states, in effect, that the ABCMR will consider individual applications that are properly brought before it.  The ABCMR will decide cases on the evidence of record – evidence that is submitted by applicants in support of their issue and evidence that is contained in their service personnel records.  It is not an investigative body. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was ordered to active duty on 7 September 2004, with a reporting date of 10 September 2004, not to exceed 365 days.  His Entitlement Data report shows he was authorized HFP with an effective date of 18 October 2004, the date he arrived in Southwest Asia in support of Operation Iraqi Freedom. 

2.  The evidence shows the applicant was ordered to active duty, for 270 days, with an effective date of 22 September 2005, in support of Iraqi Freedom, while he was "on station" in Iraq.  

3.  The applicant's Entitlement Data report shows that his HFP was terminated on 18 June 2006, the date he returned to the United States.  This period equated to 1 year and 8 months, the amount of time that should be reflected in item 12f, of his DD Form 214.  Therefore, he is entitled to correction of item 12f, of his DD Form 214, to show the entry "0001 08 00" (1 year and 8 months) instead of the entry "0000 11 11" (11 months and 11days).

4.  The applicant was awarded the MSM by Permanent Orders Number 204-26, for exceptional performance during Operation Iraqi Freedom as a combat medic from 5 October 2004 to 15 September 2005.  Therefore, he is entitled to correction of his records to show this award. 

5.  To be awarded the Combat Medical Badge, a Soldier must have a medical MOS and be 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.  Campaign 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.

6.  The evidence shows the applicant held a medical MOS (91W), health care specialist.  His award of the BSM, with "V" Device, shows that while assigned as a combat medic during Operation Iraqi Freedom he put his own life in danger to treat and medevac wounded Soldiers following an IED.  It is recognized that all Soldiers in a hostile fire area are in danger and are at risk of losing their lives.  The citation; however, states that these risks occurred "following" an IED.  

7.  There is no evidence, and the applicant provided none to show, he was personally present and served under fire in active combat while he was assigned to the HHC, 2nd Battalion, 130th Infantry.  Based on the evidence, he is not entitled to award of the Combat Medical Badge, and to have this badge added to his DD Form 214.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___A____  ___JLP__  __EM___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a. by showing the entry "0001 08 00" in item 12f (Foreign Service), of his DD Form 214; and 

	b.  by showing that he was awarded the Meritorious Service Medal and, adding this award to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award the Combat Medical Badge to the applicant and its addition to his DD Form 214. 




____James E. Anderholm____
          CHAIRPERSON




INDEX

CASE ID
AR20060009589
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070206
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20060615
DISCHARGE AUTHORITY
AR 635-200, chap 4
DISCHARGE REASON

BOARD DECISION
DENY/GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.