IN THE CASE OF:
BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090011458
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 Combat Medical Badge.
2. The applicant states he believes his actions merited award of the Combat Medical Badge but his company commander did not recommend him for the award. He further states that his commanders, thereafter, were hesitant to make the recommendation due to the lapse of time. He indicates he is an Army Medical Department (AMEDD) officer who was assigned to an Infantry Brigade in a combat situation and was part of the company's base response unit as a first responder. He states that he medically treated and controlled the injured Soldier and was within close proximity to the attack. He states that he believes he was not considered as carefully because he is not a 68W or provider.
3. The applicant provides two DA Forms 2823 (Sworn Statement) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed a Regular Army Medical Service Corps officer on 20 May 2006 and promoted to captain on 1 June 2009.
2. The applicant's Officer Record Brief shows he served in Iraq from approximately November 2007 to November 2008.
3. The applicant provided two sworn statements, both dated 3 July 2008. In one, Staff Sergeant F******** stated that on 28 June 2008, security forces came under direct precision small arms fire resulting in one U.S. Soldier being wounded in action (WIA) by a gunshot to the right leg. He indicates the applicant was under the threat of direct enemy fire while assessing the wounded Soldier's injuries. After assessing the injuries, the applicant instructed the casualty to apply direct pressure and ordered the transportation of the casualty to Ghaz 1 Aid Station. He indicates the applicant, in effect, continued to monitor the wounded Soldier after arrival at the aid station. In the second sworn statement Staff Sergeant W*** stated that security forces began receiving precision small arms fire resulting in one U.S. Soldier being WIA from a gunshot to the right thigh. He states that the applicant was no more than 100 meters from the point of engagement and was under the continuing and present threat of enemy sniper fire when he helped medically evaluate the casualty. He states the applicant continued to treat the wounded Soldier.
4. Paragraph 8-7 of Army Regulation 600-8-22 (Military Awards) provides that on or after 18 September 2001, medical personnel assigned or attached to or under 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. However, retroactive awards under these criteria are not authorized for service prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. While the applicant believes his actions merit award of the Combat Medical Badge, his commanders did not see fit to forward his recommendation for consideration.
2. The regulatory guidance is that medical personnel must have satisfactorily performed medical duties while the unit is engaged in active ground combat. While the sworn statements provided indicate the applicant performed medical duties while under the "threat" of fire, there is no corroborating evidence of enemy fire or other type of engagement during the time he treated the wounded Soldier. Being present after a Soldier was shot is not sufficient. As such, there is insufficient evidence on which to base award of the Combat Medical Badge.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090011458
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