IN THE CASE OF:	  

		BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100015128


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 award of the Combat Medical Badge (CMB).

2.  The applicant states his unit was engaged in active ground combat during Operation Desert Shield/Desert Storm.

3.  The applicant provides:

* a VA Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD)
* a letter from the Director, Records Research Center, U.S. Army and Joint Services Records Research Center
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 on 22 January 1980.  He completed basic combat and advanced individual training.  He was awarded military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E4.

3.  Item 23 (Type of Separation) of his DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 14 August 1992, shows he was honorably discharged on 27 October 1991 at the expiration of his term of service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon (2nd Award)
* Good Conduct Medal (3rd Award)
* Southwest Asia Service Medal with two bronze service stars
* Driver and Mechanics Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars

5.  Item 18 (Remarks) of his DD Form 214 shows he was deployed to Southwest Asia from 22 August 1990 to 22 March 1991.  During this timeframe he was assigned to Headquarters and Headquarters Company, 3rd Battalion,
15th Infantry Regiment, 24th Infantry Division (Mechanized).

6.  His available record is void of any orders or other substantiating documentation to support a previous award of or entitlement to the CMB.

7.  His available record does not contain any evidence and the applicant did not provide any evidence that substantiates his engagement in active ground combat while in Southwest Asia.

8.  The applicant provided VA Form 21-0781, submitted to the Department of Veterans Affairs to support his VA claim of PTSD.  The form requires the applicant to list two stressful incidents that may have been a factor in developing PTSD.  In the first cited incident, he states that as a medic in an infantry unit, he 

treated enemy prisoners of war (POW) after their surrender to his unit.  The statement makes no mention of whether or not the unit ever engaged the POWs in ground combat prior to their surrender.  In the second cited incident, he states that he treated two members of his unit who sustained shrapnel injuries resulting from an accidental grenade incident as the Soldiers exited their tracked vehicle.

9.  He also provided a letter from the Director of the U.S. Army and Joint Services Records Research Center, Alexandria, VA, dated 15 January 2010 that was addressed to the applicant through the Oklahoma Department of Veterans Affairs, Lawton, OK.  The letter states, in effect, that research into the unit history submitted by the 3rd Battalion, 15th Infantry Regiment verifies that on 24 February 1991, the battalion's Company A captured 50 enemy POWs in poor condition.  The letter also confirms that on 25 February 1991, the unit sustained two U.S. casualties resulting from a grenade incident.

10.  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.  It states the CMB 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CMB has been carefully considered; however, there is insufficient evidence to support this request.

2.  To be eligible for the CMB, medical personnel must have satisfactorily performed medical duties while the unit is engaged in active ground combat.  There is no evidence to show the applicant was engaged in active ground combat and personally present and under fire during ground combat, a prerequisite for award of the CMB.

3.  While the applicant's provided VA Form 21-0781 suggests that he performed medical duties while under the threat of fire, there is no corroborating evidence of enemy fire or other type of engagement during either of the times he treated wounded enemy POWs or U.S. Soldiers.  Being present to provide medical care to surrendering POWs or to provide care for U.S. Soldiers injured in an accidental manner is insufficient for award of the CMB.

4.  The applicant's provided a letter from the U.S. Army & Joint Services Records Research Center seems to substantiate the incidents detailed by the applicant in his VA claim for PTSD; however, the letter does not substantiate the applicant's involvement in active ground combat or engagement with the enemy.

5.  In view of the foregoing there is no basis for granting the applicant's requested relief.

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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20100015128



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