IN THE CASE OF:	  

		BOARD DATE:	  22 January 2013

		DOCKET NUMBER:  AR20120012918 


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 (Certificate of Release or Discharge from Active Duty) to show he:

* served as a medic with the 82nd Airborne Division in Panama between 1989-1990
* was awarded the Armed Forces Expeditionary Medal, Combat Medical Badge, Kuwait Liberation Medal-Kuwait, and a second award of the Combat Medical Badge for his actions during Desert Shield/Storm 

2.  The applicant states his DD Form 214 does not reflect his awards and participation in Panama and Desert Shield/Storm.

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.  On 17 August 1988, the applicant enlisted in the Regular Army and he held military occupational specialty (MOS) 91B (Medical Specialist).  He served in Panama from 20 December 1989 to 31 January 1990 and in Southwest Asia in support of Operation Desert Shield/Storm from 8 August 1990 to 8 March 1991.  He was assigned to Headquarters and Headquarters Company, 4th Battalion, 325th Airborne Infantry Regiment, 82d Airborne Division.

3.  Permanent Orders 19-185, issued by Headquarters, 82d Airborne Division, Fort Bragg, NC, on 30 January 1990, awarded him the Combat Medical Badge effective 12 January 1990, for satisfactory performance of duty as a medic in active ground combat. 

4.  He was honorably released from active duty on 24 June 1994.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon 
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Kuwait Liberation Medal – Saudi Arabia
* Parachutist Badge with bronze service star
* Expert Field Medical Badge
* Combat Lifesaver Badge

5.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show a second award of the Combat Medical Badge.  Additionally, his service records do not contain orders awarding him a second Combat Medical Badge. 

6.  A review of the applicant's service record also shows no derogatory information in the form of time lost, nonjudicial punishment, court-martial, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are also no entries in his military record to indicate his commanders denied him the first award of the Army Good Conduct Medal.



7.  Army Regulation 600-8-22 (Military Awards) states the following:
   
   a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

   b.  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.  The Combat Medical Badge has been authorized for qualified Soldiers in any of four conflicts:  

		(1) World War II (7 December 1941 to 3 September 1945);

		(2) the Korean Conflict (27 June 1950 to 27 July 1953); 

		(3) the Vietnam Conflict (which includes service in Vietnam (2 March
1961 to 28 March 1973 and qualifying service in Laos (19 April 1961 to 6
October 1962)), the Dominican Republic (28 April 1965 to 1 September 1966),
Korea on the demilitarized zone (4 January 1969 to 31 March 1994), Grenada
(23 October to 23 November 1983), Panama (20 December 1989 to 31 January
1990), and the Persian Gulf War (17 January to 11 April 1991); and 

		(4) the War on Terrorism (which includes Afghanistan, Operation
Enduring Freedom; and Iraq, Operation Iraqi Freedom).

		(5). Subsequent awards of the Combat Medical Badge are not authorized for the same qualifying period.  It is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all of these areas.	

	c.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Combat Medical Badge for his service in Panama.  Therefore, his DD Form 214 should be corrected to show this badge.

2.  The applicant's medical MOS and his service in Southwest Asia are not in question.  However, the applicant previously received the Combat Medical Badge for his service in Panama.  His service in Panama and Southwest Asia are inclusive of the Vietnam Conflict.  Subsequent awards of the Combat Medical Badge are not authorized for the same qualifying period.  Therefore, he is not authorized a second Combat Medical Badge.

3.  The evidence of record confirms the applicant served honorably on active duty during the period 17 August 1988 through 24 June 1994.  He was advanced to the rank/grade of SPC/E-4 during this period.  His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Absent any derogatory information on file that would have disqualified him, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 17 August 1988 through 16 August 1991 and to correct his DD Form 214 to show this award.

4.  The available evidence shows the applicant served on active duty during a qualifying period of service and location for entitlement to the Kuwait Liberation Medal-Kuwait.  Therefore, it would be appropriate at this time to correct his      DD Form 214 to show this award.

5.  The evidence shows the applicant completed a qualifying period of service for entitlement to the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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  17 August 1988 through 16 August 1991; and 

   b.  adding to item 13 of his DD Form 214 the Combat Medical Badge, Army Good Conduct Medal (1st Award), Armed Forces Expeditionary Medal, and the Kuwait Liberation Medal-Kuwait.

2.  The Board further determined that 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 the award of a second Combat Medical Badge.  




      _______ _   __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)                                         AR20120012918



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ABCMR Record of Proceedings (cont)                                         AR20120012918



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