RECORD OF PROCEEDINGS


	IN THE CASE OF:	  .
  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070007192 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. Michael J. Flynn

Member

Mr. William Blakely

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 award of the Combat Medical Badge (CMB).

2.  The applicant states that she feels she is eligible for award of the CMB because of her service in Iraq.

3.  The applicant provided the following additional documentary evidence in support of her application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty).

	b.  Headquarters, Department of the Army, Letter 500-04-3, dated 15 July 2004, Subject: Policy Changes to the Combat Medical Badge.

	c.  Veteran's Administration (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative).

	d.  VA Form 10-5345 (Request for Consent to Release Medical Records).

	e.  Headquarters, Missouri National Guard (MOARNG) Orders 036-134, dated 5 February 2004.

	f.  Copy of certificate awarding the 1139th Military Police Company the Valorous Unit Award.

	g.  MOARNG Memorandum of assignment verification, dated 30 May 2007.

	h.  MOARNG Orders 153-178, dated 2 June 2006.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a 
substantive review of this case and, only to the extent relief, if any, is granted, 
has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that she enlisted in the Army National Guard on 3 June 1999.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  

3.  On 6 November 2000, the 1139th Military Police Company of the MOARNG published Orders 10-1 awarding the applicant MOS 91B.

4.  On 30 October 2002, the MOARNG published Orders 156-02 transferring the applicant from the 175th Military Police Battalion, Fulton, Missouri to the 1139th Military Police Company, Harrisonville, Missouri, effective 3 October 2002. 

5.  The applicant's DD Form 214 shows that she was deployed in support of Operations Enduring and Iraqi Freedom during the period 24 April 2003 through 10 January 2004.  During her deployment, she was assigned to the 1139th Military Police Company. 

6.  Records show that the 1139th Military Police Company was awarded the Valorous Unit Award for extraordinary heroism in military operations against an armed enemy during the period 26 April 2003 through 31 January 2004.

7.  Records also show that the 1139th Military Police Company was attached to the Combined Joint Task Force (CJTF)-7 and that the CJTF-7 was awarded the Joint Meritorious Unit Award for exceptionally meritorious achievement during the period 15 June 2003 through 14 May 2004.

8.  The applicant's records do not contain general orders awarding her the Combat Medical Badge.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the Army Lapel Button, the Army Commendation Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon.  Item 13 does not list award of the Combat Medical Badge.

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 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.  

11.  Army Regulation 600-8-22 was revised in 2004 to show that the following individuals are also eligible for the CMB:  Effective 11 September 2001, medical personnel, assigned or attached to or under operational control of any ground Combat Arms units (Air Defense Artillery, Armor, Engineer, Field Artillery, and Infantry, but not to include members assigned or attached to Aviation units) 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.  Retroactive awards under these criteria are not authorized prior to 11 September 2001.  Additionally, effective 18 September 2001, medical personnel assigned or attached to or under operational control of any ground Combat Arms units (not to include members assigned or attached to Aviation units) of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire.  Retroactive awards under these criteria are not authorized for service prior to 18 September 2001.

12.  Review of the applicant's records indicates entitlement to additional awards that are not shown on her DD Form 214.

13.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  
participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility].  This campaign medal may be awarded posthumously.
14.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April  2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service

15.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to award of the Combat Medical Badge.

2.  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.

3.  The applicant was assigned to the 1139th Military Police Company during her service in Iraq.  There is no evidence in the available records that show the applicant's unit of assignment was under the operational control of a brigade or smaller combat arms unit.  Additionally, there is no evidence in the applicant's records that show she was personally present and under fire at the time her unit engaged the enemy.  Therefore, there is no basis for award of the Combat Medical Badge in this case.
4.  The evidence shows the applicant participated in support of Operation Iraqi Freedom and the Global War on Terrorism.  She is therefore entitled to award of the Iraqi Campaign Medal and the Global War on Terrorism Service Medal, and to have these awards added to his DD Form 214.

5.  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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__hof___  __mjf___  __wb____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for award of the Combat Medical Badge.

2.  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 to show award of the Iraqi Campaign Medal and the Global War on Terrorism Service Medal.



							Hubert O. Fry, Jr.
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070007192
SUFFIX

RECON

DATE BOARDED
20071023
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.