IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090005702 


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 correction of his records to show award of the Expert Field Medical Badge (EFMB). 

2.  The applicant states, in effect, that he earned the EFMB while serving in the United States Army Europe (USAREUR) during the period 1973 to 1976.  He also states he was presented the award and the dates listed on the award were from 1974 to 1975.  He further states he has included a picture of himself wearing the EFMB after the awards presentation.

3.  The applicant provides the following documents in support of his application:  a third-party statement, dated 9 March 2009; Letterman Army Institute of Research, Presidio of San Francisco, CA letter, dated 22 October 1986; U.S. Total Army Personnel Agency (TAPA), Alexandria, VA, Military Awards Branch letter, dated 14 December 1988; TAPA Permanent Orders 198-6, dated
12 December 1988; Company B, 3rd Medical Battalion, 3rd Infantry Division letter of commendation, dated 28 February 1974; Headquarters, 7th Medical Battalion (Light), 7th Infantry Division (Light) letter, dated 8 October 1986; and U.S. Army Medical Research and Development Command, Fort Detrick, MD, letter, dated 19 September 1986.

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 initially enlisted in the Regular Army (RA) and served on active duty for 2 years, 11 months, and 23 days from 20 July 1972 through 12 July 1976.  His DD Form 214 for this period of service is not available.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he held and served in military occupational specialty (MOS) 91B (Medical Specialist).  It also shows he served in Germany during the period 8 December 1973 through 10 July 1976 and that during this tour he was assigned to Headquarters and 
A Company, 3rd Medical Battalion.   

4.  On 29 January 1989, after a break in service, the applicant enlisted and reentered active duty in the RA.

5.  The applicant’s Official Military Personnel File (OMPF) is void of any orders or other documents showing he ever completed the requirements for, was recommended for, or was awarded the EFMB.

6.  On 27 January 1989, the applicant was honorably discharged, in the rank/grade of sergeant (SGT)/E-5, after completing a total of 5 years, 11 months, and 22 days of active military service.  The DD Form 214 he was issued at the time shows that during his tenure on active duty he earned the following awards: Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, National Defense Service Medal, Aircraft Crewman Badge, Army Lapel Button, Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, and the Army Commendation Medal.

7.  The applicant provides copies of requests for reconstitution of his award of the EFMB from his former company and battalion commanders, dated 8 October 1986 and 19 September 1986, respectively, addressed to the commander of the U.S. Army Military Personnel Center, Alexandria, VA.  Both these individuals attested to the fact that they were members of the Test Board for the EFMB test and that they recall the applicant successfully completing the requirements for the EFMB.
8.  The applicant also provides a letter from the Chief, Military Awards Branch,  TAPA, dated 14 December 1988, concerning his request for award of the ARCOM and EFMB.  This official stated they were unable to obtain Permanent Orders awarding him the EFMB and therefore a letter was written to the applicant's former battalion commander.  However, the awards branch was unable to confirm his entitlement to the EFMB based solely on the recollection of his commanders more than ten years after the fact.  He also stated that in the applicant's letter, dated October 1986, the applicant had indicated he had earned the EFMB in July 1974; however, in an April 1987 request he stated April to May 1974, and in the statements by his former commanders they both stated April 1975.  Therefore, based on the conflicting information and the fact that the EFMB is not annotated anywhere in his official records the awards branch could not confirm he was awarded the EFMB based on the available evidence.  This official further informed the applicant that if he could provide a photograph of the award being presented to him in a ceremony they would reconsider his request for award of the EFMB.

9.  The applicant further provides a blurred photograph of himself in which he claims he is wearing his award of the EFMB. 

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 8-10 of the awards regulation contains guidance on the EFMB.  It states in pertinent part that the EFMB is awarded by commanders with capabilities to conduct all required test phases identified in the applicable training circular upon successful completing of testing.  Enlisted personnel must have a primary MOS in the Medical Career Management Field or an MOS of 18D and must successfully pass all tests parts prescribed by the U.S. Army Medical Department Center and School.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he was awarded the EFMB and the photograph he provided in which he claims he is wearing his award of the EFMB was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The applicant’s record is void of any orders or other documents that indicate he ever completed the necessary testing, or that he was ever recommended for or awarded the EFMB by proper authority.  Further, as indicated in the response he received from the TAPA in 1988, absent any evidence of record to corroborate the information provided by him and his former commanders regarding the EFMB, there remains an insufficient evidentiary basis to support the award at this late date. 
3.  The applicant provided a blurred photograph of himself wherein he circled the area representing the EFMB; however, it is unrecognizable.  In the absence of corroborating evidence showing entitlement to the EFMB, the photograph in itself is insufficient evidence in which to grant the applicant's requested relief. 

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.



      ___________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)                                         AR20090005702



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ABCMR Record of Proceedings (cont)                                         AR20090005702



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