IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100017659
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 Joint Service Achievement Medal and "CFMB" (interpreted to mean the Combat Medical Badge or Expert Field Medical Badge).
2. The applicant states:
* he was awarded the Joint Service Achievement Medal for his temporary duty in Macedonia with a Joint Task Force in 2000/2001
* he also qualified for the "CFMB" and it was omitted from his DD Form 214
3. The applicant provides:
* Certificate of Achievement in Safety
* 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. The applicant enlisted in the Regular Army on 16 September 1997, served as a medical specialist, and was honorably discharged on 3 April 2001 for a physical condition, not a disability.
3. The applicant's DD Form 214 does not show the Joint Service Achievement Medal, Combat Medical Badge, or Expert Field Medical Badge as authorized awards.
4. There are no orders for the Joint Service Achievement Medal, Combat Medical Badge, or Expert Field Medical Badge in the available records.
5. In support of his claim, the applicant provided a Certificate of Achievement in Safety, dated 16 February 2000, for his actions during Joint Task Force-6 Mission 929 as the medic.
6. Army Regulation 600-8-22 (Military Awards) states the Joint Service Achievement Medal was authorized by the Secretary of Defense on 3 August 1983. It is awarded to members of the Armed Forces of the United States below the rank of colonel who, after 3 August 1983, distinguished themselves by meritorious achievement or service.
7. Army Regulation 600-8-22 states that effective 16 January 1991 the Combat Medical Badge is 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. Retroactive awards under these criteria are not authorized prior to 16 January 1991.
8. Army Regulation 600-8-22 states award of the Expert Field Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests. The basic eligibility criteria include: (1) officers must be assigned or detailed to an Army Medical Department (AMEDD) corps; (2) warrant officers must have an AMEDD primary military occupational specialty (MOS) controlled by the Surgeon General, warrant officer pilots are also eligible if they have a "D" skill qualification identifier (Aero-medical Evacuation Pilot) and are assigned to an air ambulance unit; and (3) enlisted personnel must have an AMEDD primary MOS or an MOS of 18D. Eligible personnel must be on active duty or assigned to a Reserve troop program unit or an AMEDD mobilization augmentation agency.
DISCUSSION AND CONCLUSIONS:
The applicant contends he was awarded the Joint Service Achievement Medal and he qualified for the "CFMB." However, there are no orders for the Joint Service Achievement Medal, Combat Medical Badge, or Expert Field Medical Badge in the available records. Therefore, there is insufficient evidence on which to amend the applicant's DD Form 214 to show these awards.
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 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) AR20100017659
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ABCMR Record of Proceedings (cont) AR20100017659
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