IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100021046
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.
2. The applicant states he earned the Combat Medical Badge during his time in Iraq, but for some reason it was left off his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides no additional evidence.
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 12 July 2000 for a period of 4 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 91W (Health Care Specialist). He reenlisted on 20 December 2003.
3. He was assigned to:
* Company B, 1st Battalion, 13th Armor, on 11 March 2003
* Headquarters and Headquarters Company, 1st Battalion, 13th Armor, on 15 October 2003
* U.S. Army Health Clinic, Fort McCoy, WI, on 20 August 2004
4. Defense Finance and Accounting Service records show he received hostile fire/imminent danger pay from 9 April 2003 through 1 April 2004 for Kuwait.
5. On 19 April 2005, he was discharged. He completed 4 years, 8 months, and 19 days of active service that was characterized as under honorable conditions. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the award of the Combat Medical Badge.
6. There are no orders in his official military personnel file on the interactive Personnel Electronic Records Management System awarding him the Combat Medical Badge. Section VIII (Awards and Decorations) of his Enlisted Record Brief does not show the Combat Medical Badge.
7. Army Regulation 600-8-22 (Military Awards) states that, on or after 18 September 2001, medical personnel assigned or attached to or under operational control of any combat arms unit of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire, are eligible for award of the Combat Medical Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he earned the Combat Medical Badge.
2. Assignment in a combat zone and receiving hostile fire/imminent danger pay are insufficient for qualification for award of the Combat Medical Badge. The evidence must show an individual is assigned to a combat arms unit of brigade, regimental, or smaller size and that the unit was engaged in active ground combat.
3. There is no substantive evidence the applicant performed medical duties while his unit was engaged in active ground combat or that he was personally present and under fire. Therefore, there is insufficient evidence on which to base award of the Combat Medical Badge in this case.
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) AR20100021046
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100021046
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