IN THE CASE OF:	  

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130012097 


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) or, in the alternative, award of the Combat Action Badge (CAB).

2.  The applicant states he served in Operation Iraqi Freedom (OIF) and he was under the operational control of a combat arms unit -- the 278th Armored Cavalry Regiment (ACR).  He satisfactorily performed medical duties when his unit was engaged in active ground combat and he was personally present and under fire. He administered medical treatment to an individual who was wounded as a direct result of gunfire during an engagement.

3.  The applicant provides copies of documents related to two incidents for which he was recommended for award of the CMB and two memoranda from the
U.S. Army Human Resources Command (HRC).

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the Regular Army as a commissioned officer in the rank of captain (CPT).  His primary specialty and branch is chaplain.

2.  The applicant had prior honorable enlisted service in the U.S. Navy and Army National Guard (ARNG).  On 1 September 2004, he was mobilized as an ARNG Soldier in the rank/grade of sergeant (SGT)/E-5 in military occupational specialty (MOS) 91W (Health Care Specialist).


3.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), as corrected by a DD Form 215 (Correction to DD Form 214), dated 6 November 2006, shows the applicant was ordered to active duty in support of OIF on
1 September 2004 and he was honorably released from active duty on 
21 December 2005.

	a.  He served in Kuwait/Iraq from 22 November 2004 through 27 October 2005.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the CMB or CAB.

4.  The applicant provides:

	a.  Two DA Forms 4187 (Personnel Action), subject:  Request for CMB (for an action on 3 February 2005), dated 26 March and 15 July 2005, with enclosures that include two DA Forms 4187-1-R (Personnel Action Form Addendum), an operations order, Trip Ticket, Patrol Debrief report, three DA Forms 2823 (Sworn Statement), and HRC memorandum.

		(1)  The Patrol Debrief report shows that at approximately 2100 hours on
3 February 2005, 17 members of 3rd Platoon, Troop A, 1st Squadron,
278th ACR, were on a dismounted patrol north of Imam Mansur, Iraq.  Three individuals were spotted, the patrol took up security positions, gunfire was exchanged, and the three individuals withdrew.

		(2)  Three sworn statements (i.e., of the squad leader, a Soldier in the squad, and the applicant), dated 5 February 2005, contain information that supports the patrol debrief report and show the applicant was serving as a medic on the patrol.  The applicant's statement shows that other members of the squad engaged the three individuals.  (There is no indication the applicant engaged the individuals with his weapon or that he rendered medical treatment during the engagement.)

		(3)  On 18 March 2005, the troop commander recommended approval of the CMB.  There are no other recommendations by the chain of command.

		(4)  An undated memorandum from the Chief, Awards and Decorations Branch, HRC, Fort Knox, KY that shows the request for award of the CMB based on the incident on 3 February 2005 was disapproved because there was no evidence to show the applicant satisfactorily performed medical duties while the unit was engaged in active ground combat.


	b.  A DA Form 4187, subject:  Request for (Retroactive Award of) CMB (for an action on 8 February 2005), dated 17 January 2013, with enclosures that include a DA Form 4187-R, narrative of events, two DA Forms 2823, and two photographs.

		(1)  The DA Form 4187 and narrative of events show that at approximately 0400 hours on 8 February 2005, members of the 2nd Platoon, Troop A, 
1st Squadron, 278th ACR, were on a patrol south of Balad Ruz, Iraq.  The convoy received small arms fire approximately 100 feet from the vehicle that the applicant was driving.  Gunners in the convoy returned gunfire, the insurgents fled the area in a vehicle, and the platoon pursued.  The insurgent driver abandoned his vehicle, fled, and was shot and seriously wounded by a machine gunner of the Iraqi Armed Forces (IAF).  The applicant and another medic rendered emergency medical treatment to the wounded insurgent until he was medically evacuated.

		(2)  Two sworn statements (i.e., of the platoon sergeant and a squad leader), dated 3 April and 13 April 2012, contain information that supports the narrative of the event and show the applicant was serving as a medic on the patrol.  They describe how members of the unit formed a circle around the two medics while they were administering treatment to the wounded insurgent.  The IAF soldiers became upset because of the medical attention being given to the wounded insurgent.  The platoon leader and platoon sergeant explained to them that it was important to try and save the individual's life because he might be able to provide valuable information that could be helpful to both IAF and U.S. forces.  (There is no indication that the applicant engaged the insurgents with his weapon or that he rendered medical treatment during the engagement.)

		(3)  The two photographs show an individual lying on the ground being administered medical treatment by two Soldiers and they are surrounded by several other Soldiers.

		(4)  The applicant's current company commander and brigade commander recommended approval of the CMB on 17 January and 11 February 2013, respectively.

		(5)  A memorandum from the Chief, Awards and Decorations Branch, HRC, Fort Knox, dated 13 March 2013, that shows the request for award of the CMB based on the incident on 8 February 2005 was disapproved because there was no evidence the applicant was performing medical duties while the unit was engaged or being engaged by the enemy.


5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Chapter 8 (Badges and Tabs, U.S. Origin), paragraph 8-7, in conjunction with Military Personnel (MILPER) Message Number 08-190, subject:  Revised Criteria for Awarding Combat Badges, issued on 22 July 2008, provide the regulatory guidance for award of the CMB.  Specific requirements state that, on or after 18 September 2001, the CMB may be awarded to medical personnel (colonels and below) 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.

	b.  Approval authority for the CMB may be delegated to Army commanders, colonel and below.

	c.  The regulatory guidance indicates that there was never any intention to award the CMB to all medical personnel who serve in a combat zone or imminent danger area.  This fact precludes awarding of the badge to medical personnel who accompany combat arms units into a potential engagement area, but do not come under enemy fire.

	d.  The requirements for award of the CAB are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or CMB.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show award of the CMB, or in the alternative, award of the CAB.

2.  The evidence of record shows a request for award of the CMB was submitted based on an incident the applicant was involved in on 3 February 2005 while he was serving in Iraq.
	a.  At the time, the applicant was serving as a medic when members of the squad engaging three individuals.  There is no evidence the applicant engaged the enemy during the incident.  There is also no evidence that he satisfactorily performed medical duties while the unit was engaged in active ground combat and that he was personally present and under fire.

	b.  There is no evidence the request for award of the CMB was acted upon by his chain of command in the theater of operations.

	c.  The request was disapproved by HRC because there was insufficient evidence to show the applicant satisfactorily performed medical duties while the unit was engaged in active ground combat.

	d.  In his request to this Board, the applicant provides no documentary evidence to show he satisfactorily performed medical duties while the unit was engaged in active ground combat on 3 February 2005.

	e.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief in this instance.

3.  The evidence of record shows a retroactive request for award of the CMB was submitted based on an incident the applicant was involved in on 8 February 2005 while he was serving in Iraq.

	a.  At the time, the applicant was serving as a medic and the driver of a vehicle when members of the platoon engaged and wounded an insurgent who was running away from them.  There is no evidence the applicant engaged the enemy during the incident.

	b.  The applicant and another medic administered emergency medical treatment to the wounded insurgent.

	c.  There is no evidence that the applicant was recommended for award of the CMB by his chain of command in the theater of operations.

	d.  The request was disapproved by HRC because there was no evidence to show that the applicant performed medical duties while the unit was engaged or being engaged by the enemy.

	e.  In his request to this Board, the applicant provides no documentary evidence to show he satisfactorily performed medical duties while the unit was engaged in active ground combat on 8 February 2005.

	f.  It is clear that the applicant satisfactorily performed medical duties when he treated the wounded insurgent after the engagement and that his actions may have led to U.S. forces gaining intelligence.  Thus, it is reasonable to conclude that he satisfactorily performed his medical duties on the mission.  However, at the time the applicant and the other medic were administering medical treatment to the wounded insurgent, members of his unit formed a circle around them.  As such, it is also reasonable to conclude the unit was not engaged in active ground combat at that time (emphasis added).

4.  In view of the foregoing and since there is no evidence he was personally present and actively engaging or being engaged by the enemy, there is an insufficient evidentiary basis for granting the applicant the CMB or the CAB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20130012097



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ABCMR Record of Proceedings (cont)                                         AR20130012097



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