IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080007703 


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, in effect, that he be awarded the Combat Medical Badge and that it be added to his DD Form 214 (Certificate or Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he served with the 3rd Armored Cavalry Regiment (ACR) as a medic and the other units in the area (1st and 2nd Battalion, 3rd ACR) awarded the Combat Medical Badge to their medics.  

3.  The applicant provides copies of several Leave and Earning Statements and a copy of his DD Form 214 in support of his request.

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 record shows he enlisted in the Regular Army on 1 December 1987.  He completed basic training at Fort Leonard Wood, Missouri, and his advanced individual training at Fort Sam Houston, Texas.  After completion of all required training, he was awarded the military occupational specialty (MOS), 91A, Medical Specialist.  He was later awarded the MOS of 91B, Medical NCO (Noncommissioned Officer), on an unknown date.  He served in Saudi Arabia from 24 September 1990 to 18 March 1991.  He was promoted to PFC/E-3 effective 8 April 1993.  He served until he was honorably discharged on 9 September 1993. 

3.  The applicant’s DD Form 214 shows he was awarded the Army Achievement Medal, 2nd OLC; the Good Conduct Medal; the National Defense Service Medal; the Army Service Ribbon; the Southwest Asia Service Medal, with two bronze service stars; the Expert Marksmanship Qualification Badge, with Rifle Bar      (M-16); the Expert Marksmanship Qualification Badge, with Grenade Bar; the Parachutist Badge; the Expert Field Medical Badge; and the Kuwait Liberation Medal.  His DD Form 214 does not show any additional awards.

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

5.  There is no entry in Item 9 (Awards, Decorations, and Campaigns), of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II), showing that he was awarded the Combat Medical Badge.  

6.  Item 35 (Record of Assignments), of his DA Form 2-1, shows he served with Battery A, 1st Support Battalion, in MOS 91A, as a Medical Specialist.  He also served with Headquarters and Headquarters Troop, 3rd Support Squadron, 3rd ACR, in MOS 91B as an Ambulance Aide/Driver.   

7.  The applicant provided copies of several Leave and Earning Statements that show that he received danger pay during the period November 1990 to April 1991.

8.  Army Regulation provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel, in the rank of 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.  Information supplied by the Center for Military History states that, "although this medical company was frequently further attached to support operations of corps and divisions only medical personnel in the organic medical companies of these infantry regiments historically met the requirements for qualifying service for the Combat Medical Badge.  The Combat Medal Badge is authorized for award during the Southwest Asia Conflict from 17 January 1991 to 11 April 1991.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The evidence shows the applicant held a medical MOS (91B).  His records show he served in this MOS as an Ambulance Aide/Driver in a cavalry troop assigned to an infantry division.  The evidence also shows that he served in the Southwest Asia Conflict and received danger pay from November 1990 to April 1991.  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 this unit or during his service in Southwest Asia.  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.

3.  The applicant claims that other units in the areas (1st and 2nd Battalion, 3rd ACR) awarded the Combat Medical Badge to their medics.  However, there is no evidence, and the applicant has provided none, to support his claim.

4.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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.




      _______ _   x_______   ___
               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.

ABCMR Record of Proceedings (cont)                                         AR20080007703



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ABCMR Record of Proceedings (cont)                                         AR20080007703



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