IN THE CASE OF:	  

		BOARD DATE:  17 October 2013

		DOCKET NUMBER:  AR20130003524 


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).  He also requests issuance of the certificate, citation, and medal set for his already-awarded Bronze Star Medal (BSM).

2.  The applicant states:

	a.  He thought he was not eligible for the CMB because it was only awarded to medics attached to infantry units.

	b.  During a Veterans Day ceremony, he met an individual who was awarded the CMB and whose record resembled his own (medic for an artillery battalion) and who informed him that the criteria stated that one had to be a medic in support of a ground combat unit.

	c.  He researched the Internet and he appears to be eligible for the award.

	d.  He supported a ground combat unit during many infantry operations behind the barbed wire ministering to the health of 88 men.

	e.  He hopes the Board will favorably consider his request so he will feel equal to his friends who were awarded the Combat Infantryman Badge when he attends veterans' events, even though they know full well that if and when they were wounded, it was him who was going to have the job of saving them and hauling them away.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), four pictures of an individual in military uniform, and an Internet article describing 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 requests issuance of his BSM Certificate and Citation.  However, a search of his available military records failed to locate the requested documents.  He also requests issuance of a BSM medal set.  However, service medals and awards are not issued by the ABCMR.  The applicant may obtain his medals by submitting a request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  As a result, these issues will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 9 June 1965.  He was awarded military occupational specialty (MOS) 91B (Medical Specialist) upon completion of initial entry training.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 28 May 1966 to on or about 29 December 1967.  Item 38 (Record of Assignments) shows he served with the Headquarters Battery, 3d Howitzer Battalion, 6th Artillery Regiment, from 28 May 1966 to 13 August 1967 and with the 254th Medical Detachment (Helicopter Ambulance) from 14 August 1967 to 29 December 1967.

5.  He was honorably released from active duty on 7 June 1968.  His DD Form 214 does not show the CMB as an authorized award.  It does show he was awarded the BSM and the Army Commendation Medal (ARCOM) with "V" Device.

6.  He provides an Internet article describing the CMB, which 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 which provides medical support to a ground combat arms unit during any period in which the unit was engaged in active ground combat."

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 which is engaged in active ground combat.  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.  Effective 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.  Retroactive awards under these criteria are not authorized for service prior to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CMB because he served in combat with a ground combat unit has been carefully considered.

2.  The evidence shows he was awarded a medical MOS and he served in combat with an artillery unit.  While there is no doubt he participated in combat and was exposed to hostile enemy fire as evidenced by his ARCOM with "V" Device, the regulation in effect at the time of his service did not provide for award of the CMB to medical personnel assigned to artillery units.

3.  Although the criteria for the CMB was modified effective 18 September 2001 to authorize award of the CMB to medical personnel assigned or attached to any combat arms unit of brigade or smaller size, retroactive awards under these criteria are not authorized.

4.  Based on the foregoing, there is no basis to grant the 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 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)                                         AR20130003524



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ABCMR Record of Proceedings (cont)                                         AR20130003524



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