BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100028618
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 (Report of Separation from Active Duty) to show award of the Expert Field Medical Badge and all individual and unit citations to which he is entitled.
2. He states he was awarded the Expert Field Medical Badge, but unfortunately it is not listed on his DD Form 214. His DD Form 214 also does not list a single earned unit citation and he knows he received numerous individual and unit citations. He has no supporting documents for any individual/unit citations, but some were earned. He states he is submitting an award certificate for the Expert Field Medical Badge he earned 33 years ago. He also received a special commendation for graduating with honors, but he has no record of that.
3. He also states it was frustrating to learn by telephone from a representative at the National Personnel Records Center (NPRC) that no records are kept for other citations or ribbons earned by service personnel. There appears to have been no entries whatsoever on his DD Form 214 after completing basic training other than the entry-level rifle and grenade certificates. There is not a single award or citation entry or listing, including the one for which he is providing the award. He asks if there is any way to at least review unit citations for which he may qualify. He served with the 21st Evacuation Hospital, 1st Cavalry Division, Fort Hood, TX, during the 1976-1978 time frame.
4. He provides:
* Expert Field Medical Badge Certificate
* DD Form 214
* letter from NPRC
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's records show he enlisted in the Regular Army in pay grade
E-1 on 6 January 1975 for 3 years. He completed training and he was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in MOS 91B with the 21st Evacuation Hospital, 36th Medical Battalion, Fort Hood, TX, from 10 June 1976 through 30 July 1977.
4. His record contains a memorandum, U.S. Army Academy of Health Sciences, dated 14 January 1977, subject: Award of Diploma for Successful Completion of Correspondence Course, transmitting his diploma for successful completion of the 91B Medical Specialist correspondence course.
5. He provides a certificate, dated 26 May 1977, for award of the Expert Field Medical Badge in recognition of his attainment of a high level of technical skill and proficiency in the performance of field medical functions.
6. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Grenade Launcher Bar.
7. He was honorably released from active duty in pay grade E-5 on 5 January 1978, at the expiration of his term of service, and was transferred to the U.S. Army Reserve Control Group (Reinforcement).
8. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Grenade Launcher Bar.
9. There is no evidence in his records or orders awarding him the Expert Field Medical Badge.
10. There is also no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.
11. A review of the Unit Awards Section website maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal award of any unit citations to the 21st Evacuation Hospital, 36th Medical Battalion, during his period of service.
12. He provides a copy of a letter from NPRC, dated 11 November 2010. The letter advised him that no record had been found to show he was authorized the Expert Field Medical Badge and advised him to submit an application to the Army Review Boards Agency.
13. Army Regulation 600-8-22 (Military Awards) states award of the Expert Field Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests. The basic eligibility criteria states enlisted personnel must have an Army Medical Department (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.
14. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. There must have been no convictions by a court-martial. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he received numerous individual awards. The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal and there is no evidence of record which shows he was disqualified by his commander for this award. Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 6 January 1975 through 5 January 1978 and correction of his DD Form 214 to show this award.
2. He also contends he was awarded the Expert Field Medical Badge. The evidence of record shows he held an AMEDD primary MOS; however, the evidence does not confirm he successfully passed all tests and was awarded the Expert Field Medical Badge. The certificate he submitted is insufficient without accompanying official orders to show he was awarded the Expert Field Medical Badge. Therefore, there is insufficient evidence on which to base award of the Expert Field Medical Badge in this case or its addition to his DD Form 214.
3. There is no evidence of record and he provided none to show he was authorized any unit citations during his period of service with the 21st Evacuation Hospital, 36th Medical Battalion.
4. In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x_____ ___x_____ ___x__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Good Conduct Medal (1st Award) for the period 6 January 1975 through 5 January 1978 and
b. adding the Army Good Conduct Medal (1st Award) to item 26 of his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Expert Field Medical Badge and any unit citations during his period of service with the 21st Evacuation Hospital, 36th Medical Battalion, and their addition to his DD Form 214.
__________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) AR20100028618
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