Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080017518
Original file (20080017518.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  21 January 2009

		DOCKET NUMBER:  AR20080017518 


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, in effect, that she was recommended for the Combat Medical Badge more than once but has been unable to determine the status or whereabouts of the award request. 

3.  The applicant provides a checklist for submission of request(s) for the Combat Action Badge; a DA Form 4187 (Personnel Action) for a Soldier, not herself; a Kansas National Guard Medal of Excellence for exceptional meritorious service and valor in combat while serving as a Combat Medic in Operation Iraqi Freedom; State of New York Orders Number 025-044, dated 25 January 2006; State of New York Orders Number 081-197, dated 22 March 2007, amending State of New York Orders Number 025-044, dated 25 January 2006; Mobilization Center Shelby Order Number 083-522, dated 24 March 2006, with an accompanying roster; a DA Form 2-1 (Personnel Qualification Record); three sworn statements; a DA Form 4187 signed by the company commander requesting award of the Combat Medical Badge; a memorandum signed by the company commander supporting consideration for award of the Combat Medical Badge; a DA Form 4187-1-R (Personnel Action Form Addendum); a Combat Medical Badge award narrative; and a DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 24 August 2007 in support of this application.



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 November 1999.  She completed basic combat and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).  She was separated from the Regular Army on 16 May 2003 with an honorable characterization of service.  She enlisted in the Army National Guard on 11 July 2003.  The highest rank she attained while serving was the grade of specialist four/pay grade E-4.

2.  The applicant provided the following documents in support of her request for award of the Combat Medical Badge:

	a.  The applicant entered active duty as an Army National Guard unit member on 25 January 2006.

	b.  The applicant's records show she served with the Service Battery, 
1st Battalion, 125th Field Artillery in Iraq during the period 25 April 2006 through 13 July 2007.

3.  The applicant provided a personal sworn statement dated 17 June 2007.  She stated that on 22 February 2007 she was on a mission with the Assassin 
12 element responding to indirect fire taken at CSC Scania.  The Assassin 
22 element was engaged by the enemy, taking direct hits from explosively formed penetrators and was also engaged by small arms fire.  The Assassin 
12 element assisted the0143840640480009 Assassin 22 element with suppressing small arms fire, medical assistance, and cordoning the area for medical evacuation and explosive ordinance disposal.  She stated that as a medic she treated SSG H_____ by placing additional dressings on his neck and face which were bleeding through due to severe trauma to the mandible.  She stated that she then re-assessed the tourniquet applied and put initial dressings to the left hand which had approximately 3 partially amputated fingers.  She stayed with SSG H_____ until she transferred his care to the flight medic for evacuation.  She stated that she then moved to assist with SPC R____ by starting a 2nd IV and gave him 500 ml of hextend for loss of blood, and administered 10 mg of morphine for his pain.

4.  In a sworn statement from Sergeant T_____, dated 17 June 2007, he stated that on 22 February 2007, their patrol, Assassin 12, responded to the attack site where the Assassin 22 element had been ambushed by an improvised explosive device attack.  He stated his patrol immediately started providing security for the ambushed patrol.  He stated that the applicant immediately began assisting the ambushed patrol's medic, SPC K________, with the wounded.  He stated that approximately 25 minutes after being on the scene there was still small arms fire.  
5.  The third sworn statement is by Sergeant W_____, dated 17 June 2007.  He stated that at approximately 01:55 a.m. on 22 February 2007, he was directed to take Assassin 12 element to where CSC Scania had just taken indirect fire.  He stated that when element 12 came within about 75 meters of the location taking indirect fire, he noticed elements 22 and 23 were still taking small arms fire.  He stated that while the applicant was rendering aid to the injured, element 22 was still taking small arms fire.  He stated that at the time the evacuation helicopters were there, the applicant was still rendering aid to the wounded.  He also, stated that after returning to base the applicant was a little shaken up due to her involvement in the mission and her providing assistance to the wounded and taking small arms fire.   

6.  The DA Form 4187 signed by the company commander recommending award of the Combat Medical Badge and addressed to U.S. Army Human Resources Command shows, "for personally being engaged by the enemy while performing medical duties during combat operations in Iraq in support of Operation Iraqi Freedom, IV 06-08."  The date of the incident shown is 22 February 2007.  The company commander also signed a memorandum requesting consideration of the packet for award of the Combat Medical Badge.  The DA Form 4187-1-R (Personnel Action Form Addendum) for higher headquarters' use that accompanied the DA Form 4187 did not have any signatures affixed to it.

7.  The applicant also provided a copy of the Combat Medical Badge award narrative.  The narrative describes how on 22 February 2007, three squads of 
B Battery, 1st Battalion, 161st Field Artillery were involved in a complex ambush while responding to an indirect fire attack against CSC Scania.  It describes how the trucks of one element were attacked by an improvised explosive device.  It details how during extrication of the wounded from the vehicle that took a direct improvised explosive device hit, SPC W____ and PFC W____ observed muzzle flashes to the west of the road and began returning fire.  He stated that 
A23 and A12 arrived on site and immediately began assisting.  The applicant and SPC P______ moved up and coordinated with SPC K_____, then evaluated and assisted with starting an IV on SPC R_____.  He stated that while the gunners suppressed incoming small arms fire the squads secured the site.  During this time the three medics stabilized and prepped all three injured Soldiers for medical evacuation. 

8.  The applicant's service in Iraq ended on 13 July 2007 and she was released from active duty on 24 August 2007.

9.  The applicant's DD Form 214 shows she was awarded the Iraq Campaign Medal.

10.  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.

11.  The Department of Defense message number 328-08, dated 21 April 2008, authorized the wear of campaign stars on the Iraq Campaign Medal.  The service stars recognize a service member's participation in Department of Defense designated campaigns in Afghanistan and Iraq.  Service members, who have qualified for the Iraq Campaign Medal, may display a bronze service star on their medal for each designated campaign phase in which they participated.  During the applicant's tour in Iraq she participated in the National Resolution 
(16 December 2005 to a date to be determined) campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that she is entitled to award of the Combat Medical Badge was carefully considered and determined to have merit.

2.  The regulatory guidance is that the medical personnel must have satisfactorily performed medical duties while the combat arms unit is engaged in active ground combat.  Evidence provided by the applicant shows that she served in a combat area assigned or attached to a combat arms unit, and there is also independent corroboration of the circumstances surrounding the incident described in the applicant's sworn statement.  The applicant's DA Form 4187 indicates she was engaged by the enemy while performing medical duties during combat operations in Iraq on 22 February 2007.  This DA Form 4187 was addressed to the U.S. Army Human Resources Command.  The applicant provided an award narrative, a personal sworn statement, and sworn statements from Sergeant T_____ and Sergeant W_____ that appear to support this DA Form 4187.

3.  The copy of the DA Form 4187 provided by the applicant requesting award of the Combat Medical Badge was signed by the company commander.  However, there are no signatures on the copy of the DA Form 4187-1-R and there is no evidence to show what, if any, final action was taken.

4.  While the status and whereabouts of the applicant's request for award of the Combat Medical Badge is unknown.  The sworn statements that were provided in conjunction with the DA Form 4187 makes it is reasonable to believe the request for the award would not have been initiated by the commander, had the applicant not qualified for the award.  Therefore, the evidence is sufficient to base awarding the applicant the Combat Medical Badge.  Therefore, she is entitled to have her DD Form 214 corrected to show this award.

5.  The applicant was awarded the Iraq Campaign Medal.  Additionally, records show the applicant participated in one campaign while serving in Iraq.  Therefore she is entitled to have her DD Form 214 corrected to show two bronze service stars. 

BOARD VOTE:

___X___  ___X____  ____X___  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 to show award of the Combat Medical Badge. 



      _______ _   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)                                         AR20080017518



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017518



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090000308

    Original file (20090000308.txt) Auto-classification: Approved

    He further requests that he and two other occupants, Captain (CPT) C---------- J---- and Specialist (SPC) C---------- D----, of the vehicle which he was driving be awarded the Combat Action Badge (CAB). The applicant's records also do not contain any evidence that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty. A DA Form 2173, dated 25 September 2007, and signed by the unit commander who was also an occupant in the vehicle driven by...

  • ARMY | BCMR | CY2014 | 20140009132

    Original file (20140009132.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states: a. He should be awarded the Combat Medical Badge instead, and his records should be corrected to show this. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * revoking that portion of Permanent Order Number Number 201-56, dated 22 July 2005, Headquarters, 48th Infantry Brigade Combat Team, awarding the applicant the Combat Infantryman Badge * awarding the applicant the...

  • ARMY | BCMR | CY2008 | 20080007030

    Original file (20080007030.txt) Auto-classification: Denied

    The applicant requests correction of his records to show he was awarded the Combat Infantryman Badge (CIB) instead of the Combat Action Badge (CAB) and that he contributed to the MGIB. Upon confirmation from their chain that the enemy was setting up a mortar system for an indirect fire attack, he and the other two Soldiers fired an initial volley of three high-explosive (HE) rounds. Furthermore, the applicant evidence of record shows that the applicant held an infantry MOS and engaged the...

  • ARMY | BCMR | CY2011 | 20110000088

    Original file (20110000088.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show that he was awarded the Combat Action Badge (CAB) for his service in Iraq. The convoy manifest, dated 7 November 2007, and an attached convoy order as provided by the applicant, indicates the applicant was traveling in a convoy when a gun truck hit an IED which exploded. The applicant contends his military records should be corrected to show award of the CAB for his service in Iraq because he was engaged by the enemy while...

  • ARMY | BCMR | CY2008 | 20080010084

    Original file (20080010084.txt) Auto-classification: Denied

    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. The applicant provided a sworn statement from Sergeant M___ that appears to be support for this DA Form 4187. Neither the DA Form 4187 nor Sergeant M___’s statement indicates that the applicant...

  • ARMY | BCMR | CY2008 | 20080006533

    Original file (20080006533.txt) Auto-classification: Denied

    The applicant requests, in effect, award of the Combat Action Badge (CAB). The applicant also states that despite substantial documentation that he submitted to Headquarters, U.S. Army (USA) Human Resources Command (HRC), his request was disapproved due to “not being in danger of injury from ground explosions.” The applicant further states that the application was based on the fact that the aircraft he was piloting was being fired upon by insurgent ground forces, which was continually...

  • ARMY | BCMR | CY2013 | 20130012097

    Original file (20130012097.txt) Auto-classification: Denied

    The applicant requests award of the Combat Medical Badge (CMB) or, in the alternative, award of the Combat Action Badge (CAB). There is also no evidence that he satisfactorily performed medical duties while the unit was engaged in active ground combat and that he was personally present and under fire. e. In his request to this Board, the applicant provides no documentary evidence to show he satisfactorily performed medical duties while the unit was engaged in active ground combat on 8...

  • ARMY | BCMR | CY2009 | 20090014858

    Original file (20090014858.txt) Auto-classification: Approved

    The medical treatment record, recommendation for award of the Purple Heart, DD Form 214, and the four statements that contend the applicant was injured when viewed together are sufficient evidence to show the applicant was performing duties in a hostile fire/imminent danger pay area. The absence of a disqualifying statement from the applicant's chain of command combined with his personal awards, promotion to E-4, honorable characterization of service, and the fact that he served and was...

  • ARMY | BCMR | CY2006 | 20060010358

    Original file (20060010358.txt) Auto-classification: Approved

    The applicant’s DD Form 214 does not show that he was awarded the Army Service Ribbon. Therefore, he is entitled to award of the Iraq Campaign Medal, correction of his military records to show the award of the Iraq Campaign Medal, and correction of his military records to remove any references to him being awarded the Global War on Terrorism Expeditionary Medal for his service in Iraq from 28 April 2003 to 25 July 2003. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2013 | 20130011733

    Original file (20130011733.txt) Auto-classification: Denied

    He provided the following documents which show: Document Date(s) Action Orders 032-733 1 February 2010 he deployed to Afghanistan on 1 April 2010 in support of Operation Enduring Freedom OER 14 November 2009 through 30 June 2010 he was rated as a brigade behavioral health officer while he was assigned to Company C, 10th Brigade Support Battalion, 10th Mountain Division DA Form 4187 12 September 2010 his company commander recommended him for award of the CMB for action on 4 October 2010 DA...