IN THE CASE OF:	   

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130011733 


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) for actions that occurred on 4 October 2010 in Kandahar, Afghanistan.

2.  He states his unit erred in processing the recommendation for the CMB on several occasions.  When the award was properly processed retroactively, it was approved by the appropriate wartime and peacetime authorities but was disapproved by the U.S. Army Human Resources Command (HRC).  He states HRC's disapproval is in error and should be corrected.

3.  He provides:

* cover letter
* introduction of facts
* timeline
* five DA Forms 4187 (Personnel Action) with numerous accompanying DA Forms 2823 (Sworn Statement)
* email correspondence
* two DA Forms 67-9 (Officer Evaluation Report (OER))

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Regular Army in the rank/pay grade of MAJ/O-4.

2.  On 27 January 2000, the applicant was appointed as a Reserve commissioned officer in the rank of first lieutenant.  He completed training in area of concentration 56A (Chaplain).

3.  He was ordered to active duty on 7 February 2003 in support of Operations Enduring Freedom/Iraqi Freedom and was released from active duty on 26 April 2004 upon completion of required active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period shows he served in Moreno Valley, CA; Fort Lewis, WA; Kuwait; Iraq; Saudi Arabia; and Qatar.  His deployment periods are not specified.

4.  On 15 April 2007, he was again appointed as a Reserve commissioned officer in the rank of first lieutenant.  His records include a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) that shows his specialty as 73B (Clinical Psychology).

5.  He provided the following documents which show:

Document
Date(s)
Action 
Orders 032-733 
1 February 2010
he deployed to Afghanistan on 1 April 2010 in support of Operation Enduring Freedom
OER
14 November 2009 through 30 June 2010
he was rated as a brigade behavioral health officer while he was assigned to Company C, 10th Brigade Support Battalion, 10th Mountain Division
DA Form 4187
12 September 2010
his company commander recommended him for award of the CMB for action on 4 October 2010
DA Form 4187
4 October 2010
his company commander recommended him for award of the CMB, but the recommendation is not signed
DA Form 4187
4 October 2010
his company commander recommended him for award of the Combat Action Badge (CAB) for action in September 2010
DA Form 4187
11 December 2010
he submitted a request for award of the CMB
Purple Heart Certificate 
19 December 2010
he was awarded the Purple Heart for wounds received in action on 4 October 2010
Army Commendation Medal Certificate
6 January 2011
he was awarded the Army Commendation Medal for meritorious service from 26 March 2010 to 25 March 2011
OER
1 July 2010 through 14 June 2011
he was rated as a brigade behavioral health officer while he was assigned to Company C, 10th Brigade Support Battalion, 10th Mountain Division
memorandum
25 August 2011
he resubmitted a request to his company commander for award of the CMB
DA Form 4187
7 December 2011
he requested award of the CAB for an incident that occurred on 4 October 2010 – his company commander recommended approval on 3 January 2012
DA Form 4187
18 May 2012
he submitted a request for award of the CMB for action on 4 October 2010 – his company commander recommended approval on 21 May 2012
DA Form 4187
13 September 2012
he resubmitted a request for award of the CMB – his company commander recommended approval on 13 September 2012
6.  A memorandum from the Deputy Chief, Clinical Operations, Landstuhl Regional Medical Center, dated 25 April 2012, recommended awarding the CMB to the applicant for actions that occurred in the Village of Monar, Afghanistan, near strong point Tarak on 4 October 2012.  He stated:

	a.  The applicant was travelling in the three-vehicle element Armageddon when his vehicle hit a large improvised explosive device (IED) that resulted in the destruction of the maximum-protection, mine-resistant, ambush-protected vehicle (commonly known as MRAP) in which he was travelling.  The applicant assessed all of the injuries and performed hands-on treatment of the turret gunner and the most severely injured.

	b.  The recommendation was returned without action by the S-1 due to insufficient sworn statement evidence.  The original recommendation had five sworn statements; however, only one statement attested to the applicant's medical actions in the field.  The other individuals were not present at the immediate attack sight.  The applicant obtained additional sworn statements from a master sergeant and a specialist who both were able to attest to his actions in the field and medical assistance to the wounded.  With these sworn statements, there is sufficient evidence for award of the CMB.  He cited a message that clarifies the processing procedures for retroactive wartime awards.

7.  A memorandum from the Deputy Chief, Awards and Decorations Branch, HRC, Fort Knox, KY, dated 11 March 2013, disapproved the request for award of CMB.  She stated the documentation provided indicates the applicant was not assigned, attached, or under operational control of any combat arms or combat aviation unit of brigade or smaller size nor was he performing medical duties while the unit was engaged or being engaged by the enemy.  Therefore, HRC determined the applicant did not meet the criteria for award of the CMB.

8.  The applicant provided a self-authored introduction and timeline of events covering the period 4 October 2010 through 2 April 2013 that occurred in Afghanistan (written in third-person perspective).

	a.  On 30 September 2010, he was moving in a convoy with members of the 3rd Battalion, 6th Field Artillery 1st Brigade Combat Team (BCT) 10th Mountain Division (Light) near the city of Meymanah, Afghanistan when the convoy was attacked by an IED resulting in injuries.  This event would normally qualify a non-infantry Soldier for award of the CAB.  He was a Medical Service Corps officer assigned to a combat arms unit of brigade size or smaller.  Therefore, he was not eligible for the CAB.  The only combat badge he would be eligible for is the CMB which requires that the Soldier be personally present and engaged in combat and performing his/her duty.

	b.  Since he didn't render aid to the wounded at that time and only provided site security, he didn't qualify for the CMB based on this event.  His company commander was ignorant of the relevant Army regulation governing award of the CMB so he recommended him for award of the CAB.  It was initially approved and later withdrawn when the battalion S-1 discovered the appropriate Army regulation.

	c.  On 4 October 2010, he was again in a convoy that was involved in an IED event near Kandahar, Afghanistan.  He states he was in the vehicle that was destroyed.  There were injured personnel and he rendered medical aid to the vehicle's crew who were more seriously injured.  He was subsequently "recommended for" award of the Purple Heart and CMB by his company commander.  He was awarded the Purple Heart, but the CMB was returned without action by his unit due to lack of sufficient sworn testimony regarding his actions.

	d.  The resolution of this recommendation should have been concluded at the brigade level in Afghanistan.  The S-1 decided not to ask for more evidence to support the award and considered it a dead issue.  He was awarded the CMB by the wartime and peacetime company, battalion, and brigade commanders as well as the division commanding general.  However, HRC disapproved the award stating that he was not a member of the 1st BCT, 10th Mountain Division, nor was he performing his duties when his vehicle was blown up by the IED.

	e.  HRC's decision is in direct contradiction of those line officers with personal knowledge of the qualifying event.  HRC's decision also seems to be an overreach of its authority.  Commanders in the field are authorized to approve or disapprove combat awards and should be the final authority.  In this case, all of the commanders in the 1st BCT's chain of command, to include the 10th Mountain Division Commanding General, agree the applicant qualifies for award of the CMB.

9.  The applicant provided the following timeline of events.

	a.  October and December 2010:

* his company commander recommended him for award of the CAB
* he was involved in an IED event in Kandahar, Afghanistan
* his company commander recommended him for award of the CMB
* the recommendation for the CAB was approved and subsequently withdrawn based on Army Regulation 600-8-22 (Military Awards), paragraph 8-7b(4)(a)
* his company commander recommended him for this award of the CMB



	b.  February, August, September, and October 2011:

* his company commander notified him via email that award of the CMB was disapproved
* he requested that his company commander resubmit the recommendation based on additional information (sworn statements)
* the new company commander recommended him for award of the CMB based on additional information provided
* he was informed that award of the CMB was denied
* he was informed via text message to resubmit a request for award if the CAB
* he was informed that he was eligible for the CAB for the events in Afghanistan

	c.  September 2011 through February 2012:  there was no determination for approval or disapproval of award of the CAB.

	d.  January, March, April, May, and June 2012:

* his company commander recommended him for award of the CAB and the recommendation was approved
* the company commander sent a memorandum to the brigade commander and former wartime commander for retroactive recommendations for award of the CMB
* the brigade and wartime commanders responded positively in support of a recommendation for award of the CMB
* his company commander signed a DA Form 4187 and forwarded it to the brigade commander for approval
* the brigade and wartime commanders approved the recommendation for retroactive award of the CMB
* the 1st BCT, 10th Mountain Division, chain of command recommended approval for award of the CMB and forwarded the action to HRC

	e.  July through December 2012:

* the approved packet was forwarded to HRC
* he made several inquiries regarding the status of the packet
* HRC confirmed receipt of the recommendation and informed him the award was pending final action
* he received the disapproval memorandum from HRC

10.  He also provided a discussion of the following relevant facts.

	a.  The events of 4 October 2010 meet the regulatory requirements for award of the CMB.  He was personally present and engaged in active ground combat and satisfactorily performed his medical duties.  There is sufficient evidence supporting his actions in the field as documented in the sworn statements of Master Sergeant L____, Command Sergeant Major O____, and Private First Class J____, all of whom were present in the field at that time and witnessed the events.

	b.  His wartime and peacetime company commanders, battalion commanders, and brigade commanders agree that the CMB is warranted.  He quoted comments made by the brigade command affirming that he meets the requirements for this award by performing medical assistance and assessment following the IED attack on the vehicle.  The 10th Mountain Division Commanding General agreed and signed the approval recommendation.  He contends that HRC erred in its interpretation of the events concerning this matter.

	c.  He was assigned as the organic behavioral health officer of the 1st BCT, 10th Mountain Division, at the time of the attack and was moving in a convoy with that unit.  He contends HRC erred in its interpretation of this fact.

11.  Army Regulation 600-8-22 states medical personnel assigned or attached to or under operational control of any combat arms unit of brigade or smaller size on or after 18 September 2001 who satisfactorily perform medical duties while the unit is engaged in active ground combat are eligible for award of the CMB, provided they are personally present and under fire.

12.  HRC Military Personnel Message 08-190, dated 22 July 2008, subject:  Revised Criteria for Awarding Combat Badges (Combat Infantryman Badge (CIB), CMB, and CAB).

	a.  With regard to the CIB, the following paragraph would be incorporated into Army Regulation 600-8-22 as paragraph 8-6b(5)(b):

A Soldier must be personally present and under fire while serving in an assigned infantry or special forces primary duty position, in a unit engaged in active ground combat, to close with and destroy the enemy with direct fires.  IED's, vehicle-borne IED's (VBIED's) and the like are direct-fire weapons.  While no fixed, qualifying distance from an explosion of these devices can be established, commanders should consider the entirety of the combat situation when considering award of the CIB.

	b.  With regard to the CMB, the following paragraph would be incorporated into Army Regulation 600-8-22 as paragraph 8-7b(4):

On or after 18 September 2001:  (a) medical personnel assigned or attached to or under operational control of any combat arms units 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.  Retroactive awards under these criteria are not authorized for service prior to 18 September 2001.

13.  A review of the Internet website www.drum.army.mil revealed the 1st BCT, 10th Mountain Division, is a mountain warfare infantry BCT of the U.S. Army based at Fort Drum, NY, and is a subordinate unit of the 10th Mountain Division.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant believes his actions on 4 October 2010 merit award of the CMB, the evidence of record does not confirm that he was engaged in active ground combat while performing his medical duties.  Therefore, he does not meet the criteria for award of the CMB.

2.  The evidence of record shows he served in Afghanistan and was assigned as a medical officer to a warfare infantry BCT.  The memorandum from the Deputy Chief, Clinical Operations, Landstuhl Regional Medical Center, dated 25 April 2012, indicates he performed medical duties by directing another Soldier and an Afghan medic in the proper treatment of his injuries after the vehicle in which he was travelling hit an IED, as well as the proper carrying techniques of injured personnel.  However, there is no corroborating evidence of enemy fire or other type of engagement during the time he performed these duties.

3.  The revised CIB and CMB criteria published by HRC in 2008 are notable in this case.  While the CIB criteria were revised to account for situations in which infantrymen encountered IED's and VBIED's, the CMB criteria did not undergo a similar provision.  It is clear that the IED was considered and it was determined that the CMB criteria would remain unchanged, except that the badge can now be awarded to medical personnel in any combat arms unit.  Prior to this change, the CMB could only be awarded to medical personnel assigned to an infantry unit.

4.  Even under the revised criteria, there is no basis for awarding the CMB to medical personnel who perform medical duties following an IED incident unless there is ongoing enemy fire.

5.  In view of the foregoing, there is an insufficient basis for granting the applicant's request.

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)                                         AR20130011733



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ABCMR Record of Proceedings (cont)                                         AR20130011733



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