IN THE CASE OF:	

		BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100016970 


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 reconsideration of his request for correction of his records to show award of the Soldier's Medal, Army Commendation Medal, and Combat Medical Badge.

2.  The applicant states he was assigned to Company D, 2nd Battalion, 16th Infantry, and attached to Company D, 3rd Battalion, 37th Armor, 1st Infantry Division, from 5 January 1991 through 12 May 1991 during Operation Desert Storm.

	a.  He states the additional photographs that he provides verify he was attached to the unit during the Gulf War, as well as some of the combat he was engaged in.  He adds the photographs, along with the original information he provided, should substantiate that he earned and was awarded the Combat Medical Badge.

	b.  He states the fact that he was "cross-attached" during the Gulf War led to his awards and decorations not being processed.  He adds he was honorably released from active duty shortly after the Gulf War, which contributed to the awards not being recorded on his separation document.

	c.  He states he believes he has provided sufficient information to support his claims to the Soldier's Medal, Army Commendation Medal, and Combat Medical Badge.  He adds, even though he believes he earned two awards of the Bronze Star Medal and he was laterally promoted to corporal (CPL) (which he outlined in his original request), he does not have any additional information to further support those claims.

3.  In support of his request for reconsideration, the applicant provides three pages containing 12 photographs.  The photographs show the applicant (and two other Soldiers) near a Bradley Fighting Vehicle with a Red Cross identifying it as being a noncombatant vehicle.  The photographs also show tanks and vehicles and some destroyed and burning vehicles in the desert.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090018198 on 20 May 2010.

2.  The applicant enlisted in the Regular Army for a period of 3 years on 3 August 1988.  Upon completion of training he was awarded military occupational specialty (MOS) 91A (Medical Specialist).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) he served in Saudi Arabia from 5 January 1991 through 12 May 1991;

	b.  item 9 (Awards, Decorations, and Campaigns) he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16), Expert Marksmanship Qualification Badge with Grenade Bar, Army Service Ribbon, Army Lapel Button, National Defense Service Medal, and Southwest Asia Service Medal with two bronze service stars for participation in the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns;

	c.  item 18 (Appointments and Reductions) he was promoted to specialist four (SP4)/pay grade E-4 on 1 January 1990; and

	d.  item 35 (Record of Assignments) he was assigned in duty MOS 91A1O as a medical specialist to Headquarters and Headquarters Company (HHC), 2nd Battalion, 16th Infantry, Fort Riley, Kansas, on 23 January 1989.  This is the last entry in this item.

4.  A DA Form 4187-E (Personnel Action), dated 8 December 1989, shows the applicant was promoted to SP4/E-4 effective and with a date of rank of 1 January 1990.

5.  Headquarters, VII Corps, Saudi Arabia, Operation Desert Storm, Certificate of Commendation, shows the applicant held the rank of specialist (SPC)/E-4 and was assigned to HHC, 2nd Battalion, 16th Infantry, and that he served with distinction with VII Corps among Coalition Forces fighting for the Liberation of Kuwait.

6.  Personnel Service Center, Fort Riley, Kansas, Orders 110-2, dated 6 June 1991, reassigned the applicant from HHC, 2nd Battalion, 16th Infantry, Fort Riley, KS, to the U.S. Army Transition Point, Fort Riley, KS, for transition processing on 2 August 1991.  The standard name line of the orders show the applicant's rank as "SPC."

7.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty on 3 August 1988, was released from active duty on 2 August 1991, and was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  Item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) show his rank and pay grade as "SPC" and "E-4," respectively.

	b.  Item 12h (Effective Date of Pay Grade) shows the entry "90 01 01" [1 January 1990].

	c.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Southwest Asia Service Medal with two bronze service stars, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Grenade Bar.

8.  There are no orders or other evidence in the applicant's military personnel records that show he was assigned to Company D, 2nd Battalion, 16th Infantry, and/or attached to Company D, 3rd Battalion, 37th Armor, 1st Infantry Division, during Operation Desert Storm.

9.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Soldier's Medal, Bronze Star Medal, Army Commendation Medal, or Combat Medical Badge.

10.  There are no orders or other evidence in the applicant's military personnel records that shows he was laterally appointed to CPL/E-4.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Chapter 3 provides for award of individual military decorations in time of war and peace for heroism, meritorious achievement, or meritorious service.  It states that for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	a.  The Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Award of the Soldier's Medal will not be made solely on the basis of having saved a life.

	b.  The Bronze Star Medal is awarded in time of war for heroism, meritorious achievement, or meritorious service.  Award of the Bronze Star Medal with "V" Device indicates an act of heroism involving conflict with an armed enemy.  An oak leaf cluster is awarded to denote the second and each succeeding award of the Bronze Star Medal.

	c.  The Army Commendation Medal is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.

	d.  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.

12.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

13.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his request for correction of his records to show award of the Soldier's Medal, Army Commendation Medal, and Combat Medical Badge should be reconsidered based on additional photographs he provides that he asserts support his claims to the awards.  In his original request, he also requested two awards of the Bronze Star Medal and correction of his rank.

2.  The evidence the applicant provided in his original request for correction of his records and with this request for reconsideration was carefully considered.

	a.  There are no orders or other evidence in the applicant's military personnel records that show the applicant was assigned to Company D, 2nd Battalion, 16th Infantry, and/or attached to Company D, 3rd Battalion, 37th Armor, 1st Infantry Division during Operation Desert Storm.

	b.  There are no orders or other evidence in the applicant's military personnel records that shows he was laterally appointed to CPL/E-4.

	c.  The governing regulation shows that for award of personal decorations, announcement of the award in orders is required.

	d.  There is no evidence of record that shows the applicant was recommended for or awarded the Soldier's Medal, Bronze Star Medal, Army Commendation Medal, or Combat Medical Badge.

	e.  The sincerity of the applicant's contentions is not in question.  However, there are no orders, records, or other evidence that supports his claims.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claims to the Soldier's Medal, Bronze Star Medal, Army Commendation Medal, or Combat Medical Badge.

3.  While the available evidence is insufficient for awarding the applicant the Soldier's Medal, Bronze Star Medal, and/or Army Commendation Medal, this action in no way affects his right to pursue his claims to these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090018198, dated 20 May 2010.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100016970



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ABCMR Record of Proceedings (cont)                                         AR20100016970



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