IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110012097
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 (CMB).
2. The applicant states he served in Iraq as a combat medic from August 2004 to July 2005. He earned his military occupational specialty (MOS) of 91W (Health Care Specialist).
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a Letter of Appreciation, dated 2 March 2005. He also indicates that he provided a DA Form 638 (Recommendation for Award) for the Army Commendation Medal (ARCOM); however, it was not received with his application.
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. On 23 April 2003, the applicant enlisted in the Regular Army. He completed his initial training and was awarded MOS 91W.
3. The applicant's Enlisted Record Brief (ERB), dated 13 September 2006, shows:
a. he served in the Republic of Korea from 16 to 26 February 2004 and in Iraq from 8 August 2004 to 24 July 2005; and
b. his awards as the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and the Driver and Mechanic Badge.
4. On 13 September 2006, the applicant was discharged due to parenthood. He had attained the rank/grade of specialist (SPC)/E-4. He completed 3 years,
4 months, and 21 days of creditable active service.
5. The applicant's DD Form 214 shows in:
a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-T Bar (for tracked vehicles)
b. Item 18 (Remarks) the entry "Service in Iraq 20040808 - 20050724."
6. On 2 March 2005, the officer in charge, 1st Force Service Support Group, Combat Service Support Group-15 (Reinforcement), wrote a letter of appreciation [provided by the applicant] wherein, the applicant was recognized for his hard work and perseverance to learn how to work and contribute to casualty care at the Surgical Shock Trauma Platoon. The letter states that on
numerous occasions and for long hours, he, with a fellow medic, had provided essential medical expertise which had proved instrumental in the Surgical Shock Trauma Platoon's ability to provide life sustaining care to over 200 battle injured Marines, Sailors, Soldiers, and civilians.
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 ground Combat Arms unit (not to include members assigned or attached to Aviation units) of brigade or smaller size, who have satisfactorily performed 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 CMB.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the CMB for his service in Iraq as a combat medic.
2. The available evidence clearly shows the applicant served as a medical specialist in Iraq with the Surgical Shock Trauma Platoon. However, the evidence does not clearly show that he performed his medical duties while the unit was engaged in active ground combat, or that he had been personally present and under fire in such circumstances.
3. The DA Form 638, referred to by the applicant as having awarded him the ARCOM, is not filed in his military records. Should he have this document, or be able to obtain it; and if it provides specific evidence showing he served under fire in combat as a medical specialist; he may submit another application for consideration.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20110012097
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110012097
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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