IN THE CASE OF:
BOARD DATE: 29 October 2010
DOCKET NUMBER: AR20100012913
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 Expert Field Medical Badge (EFMB).
2. The applicant states, in effect, that he earned the EFMB while at Camp Casey, South Korea and he was discharged 30 days later, so it appears that the paperwork was never correctly submitted.
3. The applicant provides a 2nd Infantry Division EFMB certificate.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he enlisted in the Regular Army on 10 July 1987.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded military occupational specialty (MOS) 91A (Medical Specialist) and he served in this MOS while on active duty from 10 July 1987 to 8 July 1990.
4. On 8 July 1990, the applicant was honorably released from active duty, after completing a total of 2 years, 11 months, and 29 days of active military service and transferred to the Michigan Army National Guard. The DD Form 214 he was issued at the time shows he earned the following awards: Army Service Ribbon, Good Conduct Medal, Driver's Badge, Army Achievement Medal with 3rd Oak Leaf Cluster, and Overseas Service Ribbon.
5. The applicant submitted a certificate dated 24 May 1990 awarding him the EFMB.
6. The applicant's record is void of any documents showing he successfully completed the required EFMB testing requirements prescribed by the U.S. Army Medical Department (AMEDD) and School. Further, the applicant's record is void of any orders showing he was awarded the EFMB by the proper authority while serving on active duty.
7. 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 completion of testing. It also states that permanent award of badges will be announced in permanent orders.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he is entitled to award of the EFMB was carefully considered. However, by regulation, to support award of the EFMB, there must be evidence that the member completed the proficiency tests prescribed by the AMEDD Center and School, and that the tests were conducted by an authorized commander in the grade of LTC or above. In this case, the applicant's record contains no documentary evidence that confirms he satisfied the EFMB testing requirements, or that he was ever awarded the EFMB by proper authority on permanent orders while serving on active duty. Therefore, the available evidence is insufficient to support correction of his DD Form 214 to show the EFMB.
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) AR20100012913
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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