IN THE CASE OF:	  

		BOARD DATE:   	  24 September 2008

		DOCKET NUMBER:  AR20080010084 


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 award of the Combat Medical Badge.

2.  The applicant states that she was supposed to be awarded the Combat Medical Badge from her unit, but she never received it.

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 January 2004; two DA Forms 4187 (Personnel Action); four DA Forms 2823 (Sworn Statement); reassignment orders, dated 7 June 2004; and discharge orders, dated 11 October 2007.

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 enlisted in the U. S. Army Reserve on 7 December 1999.  She completed basic combat and advanced individual training and was awarded military occupational specialty 91W (Health Care Specialist).

3.  The applicant was ordered to active duty effective 7 February 2003.  She arrived in Kuwait/Iraq on 10 April 2003 with the 812th Military Police Company (Combat Support).

4.  The applicant provided two undated and unsigned DA Forms 4187 recommending her for award of the Combat Medical Badge.  One of the DA Forms 4187 indicated she was engaged by hostile fire during combat patrol(s) on 1 to 14 May 2003.  This DA Form 4187 was addressed to the 1st Brigade, 1st Armored Division.

5.  The applicant provided two personal sworn statements, both dated                 9 November 2003.  In one, she stated that in June 2003 she was part of 2d platoon’s response to a rocket-propelled grenade attack on a police station.       At one point during the attack, she heard some rounds go off and then heard someone call for a medic.  She was told a sergeant was shot.  She left her vehicle with her aid bag and found the sergeant.  She administered aid to him and told him to see her again in the morning.  Learning that no one else had been injured, she retreated back to her vehicle.

6.  In her other sworn statement, the applicant stated that on 28 July 2003 some teams were patrolling when they received enemy fire.  They were informed that during the attack two IP (acronym unknown) officers were injured.  Specialist J___ escorted her up to one IP station, where she found two injured police.  She treated both IPs on the scene.  

7.  One of the sworn statements was from the Specialist J___ mentioned in the applicant’s statement.  Specialist J___ stated that on 28 July 2003 teams on patrol received enemy fire.  Specialist G___ returned fire, causing a cease fire.  Upon Specialist J___’s arrival, she had the applicant in her vehicle.  The scene was secured and she was told by platoon members there were injured IPs.  Specialist J___ escorted the applicant up to the IP station, where she administered medical aid to both police officers.

8.  The applicant provided a sworn statement from Sergeant M___.  Sergeant M___ stated that between 1 May and 14 May 2003, while assigned to the 812th Military Police Company, she witnessed the applicant treat casualties.  They were “tasked” with the 4th Infantry Division in support of a mission to accept the mass surrender of a paramilitary organization.  During the course of the mission, they came under fire on a few occasions.
9.  The applicant departed Kuwait/Iraq on 18 December 2003 and was released from active duty on 25 January 2004.  

10.  The applicant’s DD Form 214 for the period ending 25 January 2004 shows she was awarded two awards of the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with “M” device, and the Army Service Ribbon.

11.  The applicant was honorably discharged from the U. S. Army Reserve on     5 December 2007.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 8-7b(4)1, provides that on or after 18 September 2001 medical personnel assigned or attached to or under the 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant has been carefully considered. 

2.  The DA Forms 4187 provided by the applicant were both undated and unsigned and there is no evidence to show what, if any, final action was taken on them.

3.  One of the DA Forms 4187 indicated the applicant was engaged by hostile fire during combat patrol(s) on 1 to 14 May 2003.  This DA Form 4187 was addressed to the 1st Brigade, 1st Armored Division.  The applicant provided a sworn statement from Sergeant M___ that appears to be support for this DA Form 4187. 

4.  In that sworn statement, Sergeant M___ stated that between 1 May and        14 May 2003 she witnessed the applicant treat casualties.  Sergeant M___ stated they were “tasked” with the 4th Infantry Division in support of a mission and, during the course of the mission, they came under fire on a few occasions.

5.  The regulatory guidance is that the medical personnel must have satisfactorily performed medical duties while the unit is engaged in active ground combat.  Merely being present with the unit while it is engaged in active ground combat is not sufficient.  Neither the DA Form 4187 nor Sergeant M___’s statement indicates that the applicant performed medical duties while they were under fire.
6.  In regard to the incident on 28 July 2003, the sworn statement from Specialist J___ indicated that the applicant performed her medical duties after there had been a cease fire and after the scene had been secured.  

7.  In regard to the June 2003 incident, the applicant stated that at one point during the attack she heard some rounds go off, heard someone call for a medic, and left her vehicle to provide that medical aid.  However, she did not indicate that the fight was still in progress when she provided that medical aid, and there is no independent corroboration of the circumstances surrounding the incident.

8.  Regrettably, there is insufficient evidence on which to base awarding the applicant the Combat 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.

ABCMR Record of Proceedings (cont)                                         AR20080010084



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ABCMR Record of Proceedings (cont)                                         AR20080010084



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