IN THE CASE OF:
BOARD DATE: 03 June 2010
DOCKET NUMBER: AR20090019505
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Medical Badge (CMB) and Army Commendation Medal (ARCOM) with "V" Device.
2. The applicant states he served as a combat medic in Iraq. His CMB was never issued to him. Neither the CMB nor the ARCOM with "V" Device were entered on his DD Form 214.
3. The applicant provides an award certificate for the ARCOM with "V" Device in support of his application.
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 enlisted in the Regular Army and entered active duty on 14 January 2003. He was awarded military occupational specialty 91W (Health Care Specialist).
3. The Defense Finance and Accounting Service pay record confirms the applicant received hostile fire pay/imminent danger pay during the period 30 September 2003 through 29 June 2004.
4. On 29 January 2005, the applicant was separated and transferred to the Temporary Disability Retired List after completing 2 years and 16 days of active military service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Army Service Ribbon, Overseas Service Ribbon, and the Global War on Terrorism Service Medal. Item 18 (Remarks) of the DD Form 214 contains an entry indicating the applicant completed a combat tour in Iraq.
5. The applicant provides an award certificate showing he was awarded the ARCOM with "V" Device while a member of Headquarters and Headquarters Company, 1st Battalion, 6th Infantry Regiment, for his valorous service in administering first aid to a severely injured Soldier while showing no concern for his own safety while under enemy fire on 24 April 2004. It further shows this award was authorized and announced in Headquarters, 2nd Brigade, 1st Armored Division, Permanent Order 175-002.
6. Army Regulation 600-8-22 (Military Awards) states 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 perform 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 CMB.
7. Army Regulation 600-8-22 provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the CMB and ARCOM with "V" Device should be added to his DD Form 214.
2. The certificate provided by the applicant clearly shows he was awarded the ARCOM with "V" Device for performance of his medical duties while under fire. Therefore, he met the regulatory criteria for award of the CMB.
3. The applicant's award of the ARCOM with "V" Device indicates he distinguished himself on the battlefield. Furthermore, there is no available evidence showing that his commander took any action to disqualify him from award of the AGCM or that there was any reason for such a disqualification. Accordingly, he should be awarded this medal.
BOARD VOTE:
___X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 CMB effective 24 April 2004,
b. awarding him the AGCM for the period 14 January 2003 to 29 January 2005, and
c. showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the ARCOM with "V" Device, AGCM, and 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) AR20090019505
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ABCMR Record of Proceedings (cont) AR20090019505
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