IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100027662
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 the "Combat Field Medical Badge" be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* he was awarded the "Combat Field Medical Badge" while assigned to the 64th Replacement Detachment Germany (Bosnia) after the conflict in Sarajevo and Tuzla in Bosnia where they were attacked and fired upon to which they defended themselves
* his copy of the "Combat Field Medical Badge" was in his possession until his home was consumed by a fire in 2005
3. The applicant provides his 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 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. He enlisted in the Regular Army on 28 June 1977. He trained as a practical nurse, indirect fire infantryman, and medical specialist. On 30 September 1997, he retired in the rank of sergeant first class.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the "Combat Field Medical Badge" as an authorized award.
4. There are no orders for the Combat Medical Badge in the available records.
5. Army Regulation 600-8-22 (Military Awards) does not show the "Combat Field Medical Badge" as an authorized award.
6. Army Regulation 600-8-22 states 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.
7. Army Regulation 600-8-22 states the Combat Medical Badge is authorized for award for the following qualifying wars, conflicts, and operations:
* World War II (7 December 1941 to 3 September 1945)
* The Korean War (27 June 1950 to 27 July 1953)
* Republic of Vietnam Conflict (2 March 1961 to 28 March 1973), combined with qualifying service in Laos (19 April 1961 to 6 October 1962)
* Dominican Republic (28 April 1965 to 1 September 1966)
* Korea on the demilitarized zone (DMZ) (4 January 1969 to 31 March 1994)
* El Salvador (1 January 1981 to 1 February 1992)
* Grenada (23 October to 21 November 1983)
* Joint Security Area, Panmunjom, Korea (23 November 1984)
* Panama (20 December 1989 to 31 January 1990)
* Southwest Asia Conflict (17 January to 11 April 1991)
* Somalia (5 June 1992 to 31 March 1994)
* Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined)
* Iraq (Operation Iraqi Freedom, 19 March 2003 to a date to be determined)
8. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations.
DISCUSSION AND CONCLUSIONS:
1. Since the governing awards regulation does not show the "Combat Field Medical Badge" as an authorized award, there is no basis for granting his request.
2. While there is no such thing as a "Combat Field Medical Badge," there is a Combat Medical Badge. However, there are no orders for the Combat Medical Badge in the available records. In addition, the governing regulation does not include operations in Bosnia as qualifying for award of the Combat Medical Badge. Therefore, there is insufficient evidence in 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 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) AR20100027662
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ABCMR Record of Proceedings (cont) AR20100027662
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