IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120020648
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 his award of the Combat Medical Badge (CMB).
2. The applicant states he was awarded this badge while deployed in support of Operation Iraqi Freedom (OIF).
3. The applicant provides a certificate showing award of the CMB.
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 enlisted in the Regular Army on 8 May 2003 and held military occupational specialty (MOS) 68W (Health Care Specialist). He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 6th Infantry,
2nd Brigade Combat Team, 1st Armored Division, Germany.
3. The Defense Finance and Accounting Service (DFAS) confirmed the applicant served in Kuwait/Iraq from 23 January through 15 July 2004 and from
17 November 2005 through 11 November 2006.
4. On 7 May 2007, he was honorably released from active duty at the completion of required active service in the rank/grade of private first class (PFC)/E-3. He completed 4 years of active service with no lost time. His DD Form 214 shows the:
* Army Achievement Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
5. He provides a certificate, authenticated by a lieutenant colonel and a command sergeant major, awarding him the CMB for providing medical services during ground combat against the enemy, while deployed in support of OIF in Baghdad, Iraq.
6. The applicant did not provide and his records do not contain the permanent orders associated with this award.
7. Army Regulation 600-8-22 (Military Awards) states the CMB 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 that 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. This regulation further states that on or after 18 September 2001, medical personnel assigned or attached to or under operational control of any Combat Arms unit of brigade or smaller size, who satisfactorily perform 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:
The applicant provides a certificate awarding him the CMB. Although he did not provide the accompanying orders and his records do not contain such orders, the evidence of record shows he held a medical MOS, twice served in combat, and he was assigned to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size. It is reasonable to presume he met the criteria for award of the Combat Medical Badge; therefore, this award should be added to his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding Combat Medical Badge 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) AR20120020648
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ABCMR Record of Proceedings (cont) AR20120020648
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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