IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100015322
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Combat Medical Badge.
2. The applicant states he was awarded the Combat Medical Badge for his service in Desert Shield/Desert Storm.
3. The applicant provides copies of two Department of Veterans Affairs (VA) decisional documents.
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 applicant enlisted in the Regular Army on 5 September 1989, completed training, and was awarded the military occupational specialty (MOS) of 91B (Medical Specialist).
3. The Persian Gulf War Participation Roster shows the applicant served in Southwest Asia from 20 December 1990 - 10 May 1991 in MOS 91A with Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division.
4. On 26 July 1993, he was honorably released from active duty to attend school.
5. His DD Form 214 shows 4 months and 16 days of foreign service and his last duty assignment was with Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division.
6. His DA Form 2-1 (Personnel Qualification Record - Part II shows assignment to Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division effective 28 February 1990.
7. His authorized awards are shown as the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Good Conduct Medal.
8. The record contains no evidence the applicant was awarded the Combat Medical Badge.
9. Army Regulation 600-8-22 (Military Awards) states the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to an infantry unit of brigade, regimental, or smaller size or 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.
10. Effective 16 January 1991, the Combat Medical Badge was also authorized for 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was awarded the Combat Medical Badge for his service in Desert Shield/Desert Storm.
2. While the applicant was a medical specialist his reported duty assignment was with an engineer battalion not an infantry, armor, or cavalry unit of brigade, regimental, or smaller size or a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size.
3. Additionally, there is no evidence that the applicant engaged in active ground combat. Therefore, the applicant's request should be denied.
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) AR20100015322
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100015322
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090015714
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. 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. The evidence of record shows the applicant held a medical MOS and not an infantry MOS.
ARMY | BCMR | CY2001 | 2001065403C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS : Reconsideration of his earlier application to correct his military records by showing that he was awarded the Combat Medical Badge based on his service during Operation Desert Storm. The original consideration by the ABCMR denied the request for award of the Combat Medical Badge solely because there was no evidence that the applicant was personally...
ARMY | BCMR | CY2007 | 20070012075
The applicant requests that his records be corrected to show the Combat Medical Badge (CMB). The applicant's military service records show that he was commissioned as a second lieutenant on 4 December 1987. There is no evidence to show he was engaged in active ground combat and personally present and under fire during ground combat, a prerequisite for award of the CMB.
ARMY | BCMR | CY2005 | 20050006300C070206
The applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; a copy of a DD Form 215, Correction to DD Form 214, dated 21 November 1996; a copy of a certificate awarding him the Army Commendation Medal, dated 1 April 1991; a copy of a DA Form 1577, Authorization for Issuance of Awards, dated 22 November 1996; and a copy of a Department of the Army Letter, Subject: Policy Change to the Combat Medical Badge, dated 15 July 2004; in support of his...
ARMY | BCMR | CY2011 | 20110012598
Others in his unit received their Combat Medical Badge. However, there is no evidence in the available records and he did not submit sufficient evidence that shows he was personally present and under fire during ground combat while serving in a medical unit that was organic to an infantry unit. Notwithstanding the applicants sincerity regarding his entitlement to this badge, in the absence of the above evidence, there is insufficient evidence upon which to base award of the Combat Medical...
ARMY | BCMR | CY2010 | 20100015250
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and have participated actively in such ground combat. ...
ARMY | BCMR | CY2009 | 20090016022
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his awards for Operation Desert Shield/Desert Storm, to include the Valorous Unit Award, Combat Infantryman Badge, Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal - Kuwait, and the Southwest Asia Service Medal. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the...
ARMY | BCMR | CY2008 | 20080001020
Application for correction of military records (with supporting documents provided, if any). Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form, 2-1 (Personnel Qualification Record) does not show award of the Combat Infantryman Badge. In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2014 | 20140019547
Army Regulation 600-8-22, as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. Although the applicant contends that his unit was awarded the CIB after his discharge, the CIB is an individual award and not a unit award. As a result, the Board recommends that all...
ARMY | BCMR | CY2005 | 20050018222C070206
The applicant requests, in effect, that the Combat Infantryman Badge be added to his DD Form 214, Certificate of Release or Discharge from Active Duty. He is therefore entitled to award of the Good Conduct Medal for the period 24 January 1989 through 23 January 1992 and to have this award added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for the...