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ARMY | BCMR | CY2009 | 20090002232
Original file (20090002232.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	        19 March 2009

		DOCKET NUMBER:  AR20090002232 


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 he be awarded the Combat Medical Badge.

2.  The applicant states he deployed to Venezuela in October 1995 in support of a humanitarian mission.  During the mission, the support personnel were attacked by Colombian insurgents near the international border between Venezuela and Colombia.  He rendered first aid to the wounded and his chain of command recommended that he be awarded the Combat Medical Badge.  However, following the mission, his chain of command was replaced and the new chain of command did not follow-up on the recommendation.  He states he did, however, receive a foreign award from the Venezuelan Army.

3.  The applicant provides:

	a.  a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 June 1997;

	b.  his DA Form 4037 (Officer Record Brief), prepared on 18 January 2009; 

	c.  a U.S. Total Army Personnel Command memorandum, dated 2 March 
2000, subject: Acceptance and Wear of Foreign Badges/Decorations;

	d.  a Republic of Venezuela Defense Ministry "Honor Medal" award letter order, dated 5 January 1996; and 

	e.  a memorandum from a former fellow Soldier, dated 29 October 2008, subject:  Deployment and Combat Verification.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 April 1991 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 91E (Dental Specialist).  His first duty assignment was in Germany from on or about July 1991 to on or about June 1994.

2.  The applicant departed Germany, arriving at Fort Rucker, Alabama, on or about 30 June 1994 and was assigned to the U.S. Army Dental Clinic Command.  He was promoted to the rank of staff sergeant on 28 July 1995.

3.  While serving as the noncommissioned officer-in-charge of the Brown Dental Clinic, Fort Rucker, the applicant deployed to Venezuela in October 1995 as part of a 30-day humanitarian support mission conducted by the 7th Special Forces Group.

4.  In a memorandum from a retired Dental Corps colonel, the officer stated the applicant was a member of a humanitarian support mission run by 7th Special Forces Group.  During the mission, the support team and their Venezuelan Army counterparts came under fire from Colombian insurgents.  Three Venezuelan Soldiers were killed and several were wounded.  The applicant assisted in providing first aid.  He returned to Fort Rucker in November 1995.

5.  In January 1996, the applicant was awarded the Venezuelan Army Honor of Merit Medal.  The award narrative states, "under the previous recommendation of the 'Honor Medal' board, having been fulfilled the requirements according to regulation, is granted the 'Honor Medal' of the Command of Operations Theater No 1."  In March 2000, the U.S. Army Human Resources Command, Alexandria, Virginia, authorized his acceptance and wear of the medal.

6.  The applicant was discharged from active duty on 4 June 1997 to accept a commission.  On 5 June 1997, he was commissioned and entered active duty in the rank of second lieutenant, Air Defense Artillery.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical 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.  In a special provision subsequent to 19 December 1989, Special Forces personnel possessing MOS 18D (Special Operations Medical Sergeant) who satisfactorily performed medical duties while assigned or attached to a Special Forces unit during any period the unit is engaged in actual ground combat, provided they are personally present and under fire, may be awarded the Combat Medical Badge.  Retroactive awards are not authorized.

8.  Army Regulation 600-8-22 further provides, in pertinent part, that the Combat Medical Badge is authorized for award for the following qualifying wars, conflicts, and operations:

	a.  World War II (7 December 1941 to 3 September 1945),

	b.  The Korean War (27 June 1950 to 27 July 1953),

	c.  Republic of Vietnam Conflict (2 March 1961 to 28 March 1973) combined with qualifying service in Laos (19 April 1961 to 6 October 1962),

	d.  Dominican Republic (28 April 1965 to 1 September 1966),

	e.  Korea on the DMZ (4 January 1969 to 31 March 1994),

	f.  El Salvador (1 January 1981 to 1 February 1992),

	g.  Grenada (23 October to 21 November 1983),

	h.  Joint Security Area, Panmunjom, Korea (23 November 1984),

	i.  Panama (20 December 1989 to 31 January 1990),

	j.  Southwest Asia Conflict (17 January to 11 April 1991),

	k.  Somalia (5 June 1992 to 31 March 1994),

	l.  Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined), and

	m.  Iraq (Operation Iraqi Freedom, 19 March 2003 to a date to be determined).



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests he be awarded the Combat Medical Badge for assisting in providing first aid to wounded Venezuelan Soldiers during the October-November 1995 time period. 

2.  The Combat Medical Badge is awarded to medical personnel assigned or attached to a medical unit of company or smaller size that is organic to an infantry, armor, or ground cavalry unit of brigade, regimental, or smaller size which is engaged in active ground combat in which the medical personnel were present and under fire.  The regulation provides specific engagements for which the Combat Medical Badge may be awarded; Venezuela in October-November 
1995 is not listed.

3.  Even if the Venezuelan humanitarian support mission had been listed in Army Regulation 600-8-22, the applicant does not qualify for award of the Combat Medical Badge.  He was not assigned or attached to an infantry, armor, or ground cavalry unit, nor did he possess Special Operations Medical Sergeant MOS 18D.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily 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.


																XXX
      __________________________
                 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)                                         AR20090002232



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ABCMR Record of Proceedings (cont)                                         AR20090002232



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