BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090015714 


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 the Combat Infantryman Badge (CIB) and Combat Medical Badge (CMB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he held a medical military occupational specialty (MOS) and deployed to Southwest Asia (SWA) as a member of an infantry regiment.  He states he performed duties as a combat infantry medical corpsman (medic) in Operations Desert Shield/Desert Storm attached to a front-line Marine unit where he treated wounded casualties and provided medical support for Allied Forces.  He engaged in small arms fire while on the front line of combat.

3.  The applicant provides an Imjin Scout Certificate and Operation Desert Storm Certificate supporting his request.

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 Regular Army and entered active duty on 17 August 1988.  He was trained in and awarded MOS 91A (Medical Specialist).  Specialist/E-4 is the highest rank/grade he attained while serving on active duty.

3.  The applicant's official military personnel file contains an Army Commendation Medal (ARCOM) certificate showing he was awarded the ARCOM for meritorious achievement during Operation Desert Storm while assigned to Headquarters and Headquarters Battery, 1st Battalion, 5th Field Artillery Regiment.

4.  His record is void of any documents showing he served as a combat medic with a qualifying infantry unit or that he was recommended for or awarded the CMB or CIB by proper authority while serving in SWA.

5.  On 16 August 1991, the applicant was honorably released from active duty (REFRAD) under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations), by reason of expiration of term of service.

6.  The DD Form 214 issued to the applicant upon his REFRAD shows he completed 3 years of active military service, of which 1 year, 4 months, and 18 days was served overseas.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Commendation Medal with 1st Oak Leaf Cluster
* Southwest Asia Service Medal with two bronze service stars
* Overseas Service Ribbon
* Army Achievement Medal

7.  In connection with the processing of this case, a member of the Board staff reviewed the Operations Desert Shield/Storm Personnel Roster.  This search confirms the applicant served in SWA from 22 December 1990 through 11 May 1991.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 of this regulation contains guidance on award of combat and special skill badges.

9.  Paragraph 8-6 of Army Regulation 600-8-22 contains guidance for the CIB.  It states there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; he must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and he must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The regulation stipulates that combat service and campaign participation alone does not qualify a member for the CIB.

10.  Paragraph 8-7a(1) of Army Regulation 600-8-22 contains guidance for the CMB.  It states it is awarded to members of the Army Medical Department assigned or attached to an infantry unit of brigade, regimental, or smaller size or to a medical unit of company or smaller size organic to an infantry unit of brigade, regimental, or smaller size during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.  Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy.

11.  Paragraph 8-7b(2) of Army Regulation 600-8-22 further states that effective 16 January 1991, medical personnel assigned or attached to armor and ground cavalry units of brigade or smaller size who satisfactorily perform medical duties while the unit is engaged in actual ground combat provided they are personally present and under fire are eligible for the CMB.  Retroactive awards under these criteria are not authorized prior to 16 January 1991.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he qualified for the CMB and CIB based on his combat service in SWA in support of Operation Desert Storm has been carefully considered.  However, the evidence is not sufficient to support this claim.

2.  By regulation, in order to qualify for the CIB, a member must have held an infantry MOS, served in a qualifying infantry unit of brigade, regimental, or smaller size, and must have been present with the unit and personally participated in active ground combat.  In order to qualify for the CMB during Operation Desert Storm, a member must have served in a medical MOS in a qualifying infantry, armor, or ground cavalry unit of brigade, regimental, or smaller size while the unit is engaged in actual ground combat, provided they are personally present and under fire.

3.  The evidence of record shows the applicant held a medical MOS and not an infantry MOS.  It also shows he was assigned to a field artillery unit and not a qualifying infantry, armor, or ground cavalry unit.  As a result, the regulatory criteria necessary to support award of the CIB or CMB have not been satisfied in this case.

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)                                         AR20090015714



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ABCMR Record of Proceedings (cont)                                         AR20090015714



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