IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110013043
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 records to show he was awarded the Expert Field Medical Badge.
2. The applicant states he was awarded the Expert Field Medical Badge on 12 August 1991 but it is not in his records. He has made several attempts to locate the orders but no one seems to be able to find them. He requests the Board locate these orders.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Statement from a former unit member
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. The applicant enlisted in the Regular Army on 7 September 1990. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. Upon completion of MOS training, he was assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Infantry, Fort Carson, CO, where he remained until he was honorably released from active duty on 17 January 1993 and transferred to an Army National Guard (ARNG) unit.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued does not show the Expert Field Medical Badge.
5. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show this badge and his service records do not contain official orders awarding him this badge.
6. He submitted a statement, dated 17 August 2010, from a former unit member (currently a first sergeant (1SG)) who states the applicant was assigned to the same unit in 1991 and they both underwent testing for the Expert Field Medical Badge together. The 1SG adds that they were both awarded this badge at the same time by a general officer at a parade.
7. 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 include: (1) officers must be assigned or detailed to an Army Medical Department (AMEDD) Corps; (2) warrant officers must have an AMEDD primary 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.
8. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicants request for the correction of a military record. It states the Director, ABCMR will manage the ABCMR daytoday operations. The ABCMR staff will review each application to determine if it meets the criteria for consideration by the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records do not contain official orders awarding him the Expert Field Medical Badge. Additionally, there is no evidence in his records and he did not provide sufficient evidence that shows he satisfactorily completed the prescribed proficiency tests.
2. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Nevertheless, an exhaustive search was conducted to locate the alleged orders but they could not be found.
3. Notwithstanding the applicant's and the 1SG's sincerity, in the absence of official orders, there is insufficient evidence to correct his records 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) AR20110013043
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ABCMR Record of Proceedings (cont) AR20110013043
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