IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007119 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Medical Badge and all awards related to her service in Southwest Asia during the Gulf War.  

2.  The applicant states, in effect, she was involved during the Gulf War from 1990 to 1991 but she never received any of the medals that she was entitled to.  She was a combat medic and she mainly supported an infantry unit but she did not receive the Combat Medical Badge. 

3.  The applicant provides a copy of her DD Form 214.

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.  Having had prior service in the Regular Army and the Army National Guard (ARNG), the applicant's record shows she enlisted in the Oklahoma ARNG (OKARNG) on 3 November 1988 and held military occupational specialty 91B (Medical Specialist).  She also executed a 6-year extension of her enlistment on 2 November 1989.

3.  On 21 November 1990, she was ordered to active duty in support of Operations Desert Shield/Storm and subsequently served in Southwest Asia from 26 December 1990 to 13 May 1991.  She was assigned to the 145th Medical Company.

4.  She was honorably released from active duty to the control of her ARNG unit on 5 June 1991.  Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the National Defense Service Medal and the Army Service Ribbon.

5.  On 22 August 1991, she was issued a DD Form 215 (Correction to DD Form 214) that added the Southwest Asia Service Medal with two bronze service stars and a second award of the National Defense Service Medal.

6.  There are no orders in the applicant's records that show she was awarded the Combat Medical Badge.

7.  Item 9 (Awards, decorations, and Campaigns) of her DA Form 2-1 (Personnel Qualification Record) does not show award of the Combat Medical Badge.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Combat Medical Badge is awarded to medical department 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.

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.


	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show award of the Combat Medical Badge and all awards related to her service in Southwest Asia during the Gulf War.

2.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 26 December 1990 to 13 May 1991; therefore, she served a qualifying period for award of the KLM-SA and the KLM-KU and she is entitled to correction of her DD Form 214 to show these medals.

3.  With respect to the Combat Medical Badge, the applicant's medical MOS and service in Southwest Asia are not in question.  However, there is no evidence in the available records and she did not submit substantiating evidence that shows she was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which was engaged in active ground combat.  In the absence of evidence that she was personally present while the infantry unit was in contact with the enemy, there is insufficient evidence upon which to base award of the Combat Medical Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the KLM-SA and the KLM-KU to her DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Medical Badge.



      ___________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)                                         AR20100007119



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ABCMR Record of Proceedings (cont)                                         AR20100007119



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