RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070012075 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy A. Sabree

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 that his records be corrected to show the Combat Medical Badge (CMB). 

2.  The applicant states, in effect, in June 1990 he served as a Medical Platoon Leader with the 1st Brigade, 327th Infantry Regiment, 101st Airborne Division.  In August 1990, he deployed with the 1/327th Battalion Aide Station in support of Operation Desert Storm and during that time he performed medical duties while the entire Battalion engaged in actual ground combat in which he was personally present and under fire.  He states that members of his platoon were awarded the CMB but due to an administrative oversight his name was omitted.  He requests that the CMB be awarded to him retroactively for his service.

3.  He further states, in effect, that his platoon provided direct medical support to the 1st Battalion, 327th Infantry Regiment.  His platoon operated the Battalion Aide Station, coordinated "MEDEVAC" (ground and air) and managed casualty collection, and ambulance exchange points.

4.  The applicant provides a copy of a self-authored statement; DA Form 2446 (Request for Orders); two letters of support; DD Form 214 (Certificate of Release or Discharge from Active Duty); and Headquarters, 101st Airborne Division (Air Assault) Permanent Order 106-001/002 dated 16 April 1991.

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 military service records show that he was commissioned as a second lieutenant on 4 December 1987.  The Date Entered Active Duty This Period was 26 April 1988 and his primary specialty was 67B (Field Medical Assistant).
3.  His Officer Record Brief shows that he served as a Platoon Leader with Headquarters and Headquarters Company (HHC), 1st Battalion, 327th Infantry in Dhahran, Saudi Arabia during the period 15 September 1990 to 4 February 1991. The applicant was honorably discharged from active duty on 1 September  
1993 in the rank of captain after serving 5 years, 4 months, and 4 days of Net Active Service This period.

4.  The applicant is currently a member of the Active Guard Reserve (AGR) Program and is assigned to the 81st Regional Readiness Command in the rank of lieutenant colonel.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
1 September 1993 shows the Army Service Ribbon, Army Achievement Medal, National Defense Service Medal, Southwest Asia Service Medal with  
2 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Air Assault Badge, Expert Field Medical Badge, Parachutist Badge, Army Lapel Button, and the Army Commendation Medal.  However, it does not show the CMB.

6.  Headquarters, 101st Airborne Division (Air Assault) Permanent Order  
106-001/002 dated 16 April 1991 shows the award of the CMB.  However, the applicant's name is not listed amongst those awarded the CMB.

7.  The DA Form 2446, dated 11 June 1990 shows that a request for orders was prepared reassigning the applicant to HHC, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky.

8.  The two letters attest that the applicant was deployed with the 1st Battalion, 327th Infantry in support of Operation Desert Shield/Desert Storm.  The applicant was compassionately redeployed and later assigned to Blanchfield Army Community Hospital on 22 February 1991.  The letters made no mention that the applicant was engaged in combat.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CMB 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been awarded the CMB.

2.  There is no evidence to show he was engaged in active ground combat and personally present and under fire during ground combat, a prerequisite for award of the CMB.  He was compassionately redeployed which could have meant he was not present at the time to qualify for the award.  The two letters submitted by the applicant are noted.  However, the letters do not show the applicant was engaged in combat.  Therefore, he is not entitled to correction of his records to show the CMB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__QAS__  __CLG___  __JRS__  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 to award the CMB.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




___Curtis L. Greenway__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.