RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  06 March 2008
	DOCKET NUMBER:  AR20070015359 


	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

Ms. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Roland S. Venable

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.

2.  The applicant states that he was told over 2 years ago, that his award of the Combat Medical Badge was pending.  He states that he met all requirements for the Combat Medical Badge on his first tour of duty with the 155th Infantry Regiment.  He states that he deployed with the 181st Infantry Regiment, and that he volunteered to deploy as a replacement with the 155th Infantry Regiment as a line medic.  He states that he was injured, and that he treated the gunner, the driver and himself at the time of the incident in question.  He states he was awarded the Purple Heart; however, he is confused because in order to meet the criteria for the Combat Medical Badge, you have to "treat" while under attack by the enemy, whether it is a fire fight or an improvised explosive device (IED).  He states that during the incident in question, he treated others along with treating himself and he was awarded the Purple Heart which signifies that he was injured; yet, he has not received his orders awarding him the Combat Medical Badge.  He states that he has been told for 2 years that the issue was being addressed; however, he has been stonewalled to the point that no one even corresponds with him any longer.  He states that he is currently on his second tour of duty in Iraq, and that he was told by the office of the Judge Advocate General to contact this Board.

3.  The applicant provides in support of his application, a copy of a Casualty Feeder Report (DA Form 1156), dated 25 August 2005; a copy of a Statement of Medical Examination and Duty Status (DA Form 2173); a copy of doctor's notes dated 2 June 2005; copies of witness statements dated 12 June 2005; and a copy of a Narrative Statement from the Battalion Surgeon, dated 5 July 2005.

CONSIDERATION OF EVIDENCE:

1.  The available records indicate that the applicant had completed 6 years of total active service and 3 months and 13 days of total inactive service, when he enlisted in the Massachusetts Army National Guard for 2 years, in the pay grade of E-4.

2.  Orders number 046-001 was published on 15 February 2005, ordering the applicant to active duty in support of Iraqi Freedom.  

3.  The DA Form 1156, that the applicant submitted in support of his application shows that he was assigned to Headquarters and Headquarters Company, 
1st Battalion, 155th Infantry Regiment in Iskandariyah, Iraq, on 2 June 2005, when he was lightly wounded or injured in action, when his vehicle hit a pressure plate IED.  The DA Form 1156 indicates that after treating injuries of the gunner and driver, the applicant treated his own injuries, which consisted of multiple lacerations to the inside of his left forearm and a contusion to his right lower leg.

4.  The DA Form 2173 dated 30 October 2005 and the doctor's notes dated 2 June 2005, confirm that he applicant was involved in an IED attack, which resulted in a contusion to his right lower leg and abrasions to his left inner arm.

5.  The applicant was honorably released from active duty (REFRAD) on 13 February 2006, under the provisions of Army Regulation 635-200, chapter 4, upon completion of his required active service.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Purple Heart, the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Armed Forces Reserve Medal w/"M" Device, the Global War on Terrorism Service Medal, and the Iraq Campaign Medal.

6.  The two sworn statements from two Soldiers and the Narrative Statement from the Battalion Surgeon that the applicant submitted in support of his application indicate that he was assigned to the 2nd Platoon, B Company, 1st Battalion, 155th Infantry Regiment, when he was wounded and medically treated himself and others after the lead vehicle was hit by an IED and severely disabled.

7.  Paragraph 8-7b(4)1 of Army Regulation 600-8-22 (Military Awards) provides that on or after 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) of brigade or smaller size, who satisfactorily performed medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire, are eligible for award of the Combat Medical Badge.  However, retroactive awards under these criteria are not authorized for service prior to 18 September 2001.

8.  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.
DISCUSSION AND CONCLUSIONS:

1.  The available records indicate that the applicant is entitled to award of the Combat Medical Badge.

2.  The applicant served as a medic, which is medical department personnel.  He was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat.  He was personally present and serving with this infantry unit while under fire during such ground combat.

3.  Therefore, it would now be in the interest of justice to correct the applicant's records as recommended below.

BOARD VOTE:

__JBG__  __RSV___  __DWS _  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 amending his DD Form 214 dated 13 February 2006, to reflect this award.




___James B. Gunlicks      __
          CHAIRPERSON



INDEX

CASE ID
AR20070015359
SUFFIX

RECON

DATE BOARDED
20080306
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS AND DECORATIONS
2.  159
107.0113/COMBAT MEDICAL BADGE
3.

4.

5.

6.