IN THE CASE OF:	  

		BOARD DATE:	  	  10 February 2009

		DOCKET NUMBER:  AR20080017557 


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 (CMB) and any other awards he may be warranted.

2.  The applicant states, in effect, that his records are in error since they exclude the CMB for his service in support of Operation Iraqi Freedom.

3.  The applicant submitted a five-page self-authored statement, copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), a DA Form 638 (Recommendation for Award), a copy of a narrative for award of the Bronze Star Medal, and a National Guard NGB Form 22 (Report of Separation and Record of Service).

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 United States Army Reserve (USAR) on 10 May 2000.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Noncommissioned Officer).

3.  On 25 October 2001, the applicant was ordered to active duty as a member of his USAR unit, the 400th Military Police Battalion, to participate in operations in response to the attacks on the World Trade Center and the Pentagon.  Item 18 (Remarks) of his DD Form 214 shows he served at the unit's home station at Fort Meade, Maryland.

4.  On 24 October 2002, the applicant was honorably released from active duty and returned to the USAR after completing a total of 1 year of active military service.  The DD Form 214 he was issued shows he earned the following awards during his active duty tenure:  the Army Achievement Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon.

5.  On 20 February 2003, the applicant was again ordered to active duty as a member of his USAR unit, the 400th Military Police Battalion, in support of Operation Iraqi Freedom in MOS 91A (Medical Specialist).  Item 18 of his DD Form 214 shows that he served in Southwest Asia.

6.  The applicant submitted a copy of a DA Form 638 and the accompanying narrative, dated 5 November 2003, which shows he was recommended for award of the Bronze Star Medal.  However, the Bronze Star Medal was downgraded and Permanent Orders Number 118-112, Headquarters, 337th Theater Support Command (Provisional), Camp Arikan, Kuwait, dated 27 April 2004, shows he was awarded the Army Commendation Medal.

7.  The narrative for award of the Bronze Star Medal stated that the applicant "performed professionally as both a Soldier and medic while under enemy fire on multiple occasions which often included nightly mortar attacks, rocket propelled grenades, improvised explosive devices, and small arms fire while stationed for  2 months at Abu Ghraib Prison, Camp Vigilant.  The applicant), while in the direct line of fire, boldlessly (sic) continued his mission of loading a patient onto a MEDEVAC Blackhawk Helicopter, which was also taking on enemy fire.  (The applicant) responded, without hesitation, to numerous mortar attacks from the enemy as a member of the 72nd MP Co, Quick Reactionary Force for Camp Vigilant."  

8.  On 5 February 2004, the applicant was honorably released from active duty and returned to the USAR after completing a total of 11 months and 16 days of active military service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows award of the National Defense Service Medal, the Army Service Ribbon, the Armed Forces Reserve Medal with "M" Device (2nd award), the Army Achievement Medal (2nd award), the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 13 does not show award of the CMB.

9.  The applicant submitted a five page document titled "War Story" outlining his experience in the military in support of his application.

10.  The applicant submitted 23 pages of his medical report from the Northern Arizona Health Care System in support of his application which states he was deployed in support of Operation Iraqi Freedom until February 2004.  

11.  There are no orders in the available record which show the applicant was awarded the CMB.

12.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  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.  Effective 11 September 2001, the criteria was changed to include medical personnel who are assigned or attached to or under operational control of any ground combat arms units (not Aviation units) of brigade or smaller size, who satisfactory perform medical duties while the unit is engaged in actual ground combat.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  One of the qualifying periods for first award of the Army Good Conduct Medal (AGCM) is continuous enlisted active Federal military service, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.  Reserve Component Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.

15.  Army Regulation 600-8-22 provides, in pertinent part, that a bronze service star is authorized to be worn on the Iraq Campaign Medal for participation in each of the following campaigns:  the Liberation of Iraq from 19 March 2003 through 1 May 2003, the Transition of Iraq from 2 May 2003 through 28 June 2004, the Iraq Governance, from 29 June 2004 through 15 December 2005, and the National Resolution from 16 December 2005 to a date to be determined.

16.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CMB and any other awards warranted was carefully considered and found to have partial merit.

2.  The narrative for award of the Bronze Star Medal shows he was personally present and under fire while performing duties during the Operation Iraqi Freedom.  However, the narrative does not show he was with a ground combat arms unit.  Therefore, there is insufficient evidence to grant the request for award of the CMB in this case.

3.  Evidence shows that the applicant was eligible for award of the AGCM for the period 25 October 2001 through 24 October 2002.  Therefore, he is entitled to award of the AGCM.

4.  Evidence shows that the applicant deployed to Iraq.  Therefore, he is entitled to award of the Iraq Campaign Medal.

5.  Records show the applicant participated in two campaigns during his service in Iraq.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Iraq Campaign Medal.  

6.  Records show the applicant is eligible for award of the Global War on Terrorism Service Medal and it should be added to his DD Form 214.

7.  Records show the applicant was awarded the Army Commendation Medal.  Therefore, he is entitled to have this award added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X ___  ___ X____  ____X ____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the first award of the Army Good Conduct Medal for the period of 25 October 2001 through 24 October 2002; 

	b.  amending the DD Form 214 for the period ending on 24 October 2002 to add the Army Commendation Medal, the Army Good Conduct Medal, and the Global War on Terrorism Service Medal; and

	c.  amending the DD Form 214 for the period ending on 5 February 2004 to add award of the Army Commendation Medal, the Army Good Conduct Medal, the Global War on Terrorism Service Medal, and the Iraq Campaign Medal with two bronze service stars.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the CMB.



      ___________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)                                         AR20080017557



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ABCMR Record of Proceedings (cont)                                         AR20080017557



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