IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080007170
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 7 September 1977 be corrected to show the Expert Field Medical Badge.
2. The applicant states, in effect, that he was awarded the above award and it is not on his DD Form 214. He further states the award was sent to the wrong unit and he does not have the orders, but it was written up in the Stars and Stripes newspaper.
3. The applicant provides no additional documentation in support of this case.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 17 September 1974. He successfully completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Corpsman).
3. On 7 September 1977, the applicant was honorably released from active duty after completing 2 years, 11 months, and 21 days of creditable active service.
4. The applicant's DD Form 214 with the period ending 7 September
1977 shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
5. There are no orders in the applicant's records that show he was awarded the Expert Field Medical Badge.
6. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for the Expert Field Medical Badge. Award of the Expert Field Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests. The basic eligibility criteria includes: (1) officers must be assigned or detailed to an Army Medical Department (AMEDD) corps; (2) warrant officers must have an AMEDD primary military occupational specialty (MOS) controlled by the Surgeon General; and (3) enlisted personnel must have an AMEDD primary MOS (this includes all MOS in CMF 91 as well as MOS 76J and 94F). Eligible personnel must be on active duty or assigned to a troop program unit in the Reserve component unit or an AMEDD mobilization augmentation agency.
DISCUSSION AND CONCLUSIONS:
The applicant contends that he was awarded the Expert Field Medal Badge. Although evidence of record shows he was awarded the medical corpsman MOS 91B, there is no evidence in his records and the applicant has not provided evidence (i.e. orders, course certificate, award citation etc.) to substantiate his contention. Therefore, there is insufficient evidence to show he is eligible for the Expert Field Medical Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ __xx____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
________xxxx__________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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