BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130012519 


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).

2.  The applicant states he was improperly denied the CMB.  He met the intent of the award treating the combat wounded while actively engaged by enemy fire on two different occasions in Kirkuk, Iraq in 2011.  The CMB was endorsed by those immediately present, but disapproved by the U.S. Army Human Resources Command (HRC).  The initial review of his case was delayed because of redeployment and changing of key leaders.  The brigade command sergeant major (CSM) opposed approval of the award based on restricting combat badges to those within a blast radius depending on size of ordnance.  However, the brigade Staff Judge Advocate, Major (MAJ) FDR, stated the applicant was eligible and recommended approval.  MAJ FDR’s recommendation was endorsed by Lieutenant Colonel (LTC) SK, the Brigade S3 during the attacks and later the brigade executive officer.  The recommendation was approved by the brigade commander and submitted to HRC.

3.  The applicant provides:

* his statement of the incident of 29 September 2011
* his statement of the incident of 7 October 2011
* email endorsement from LTC K, dated 4 June 2012
* Commander's Recommended Approval, DA Form 4187 (Personnel Action), dated 20 June 2012
* Sworn statements from MAJ FDR, Chief Warrant Officer Two P, 
Sergeant (SGT) V, SGT F, SGT W, and SGT C
* two Officer Evaluation Reports (OER)
* Officer Record Brief (ORB)
 
CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a Regular Army Captain, Medical Corps, on 8 June 2009.

2.  He provides two OERs covering the period 27 February 2011 through 15 June 2012 showing he was assigned as a brigade surgeon with the 4th Brigade Combat Team, 1st Armored Division during the rating periods.  

3.  He provides his sworn statement along with two supporting sworn statements that indicate on the morning of 29 September 2011 at Contingency Operating Station (COS) Warrior, Kirkuk, Iraq, he heard an explosion that seemed to be approximately 500 plus meters away.  This was followed by a louder explosion that was clearly closer and possibly in the living area.  He grabbed his trauma bag and moved to the area of the blast and assisted in the treatment of Soldiers injured as a result of two 57mm indirect fire rockets.  One of the treated Soldiers died as a result of his injuries.  

4.  He provides a second sworn statement, along with four supporting sworn statements, that indicate on 7 October 2011, COS Warrior was hit by a 57mm rocket.  He was working in his office at the time he heard the explosion which was several hundred yards away.  He grabbed several trauma bags and ran outside with others to assess for injuries.  MAJ FDR stated that he was about 12 meters from the blast and witnessed the applicant arrive within about 1 to 2 minutes to treat injured contractors.

5.  On 20 June 2012, his chain of command recommended approval of the CMB.  In the remarks section of the DA Form 4187, his commander provided a summary of the two incidents.  He stated that during both incidents, it was unknown whether they were still under fire or not.

6.  On 6 December 2012, the Awards and Decorations Branch, HRC disapproved the applicant’s request for the CMB.  HRC stated the documentation provided with the request indicated the applicant was not performing medical duties while being actively engaged by the enemy; therefore, he did not meet the criteria for award of the CMB.

7.  When the applicant provided HRC’s denial to the Board, he stated the attached statements demonstrate he was performing medical duties by treating combat trauma and they were definitely engaged by the enemy.  They were static targets of enemy rocket fire and he treated patients, applied chest seals, and held pressure on femoral artery wounds.  He further stated that Military Personnel (MILPER) Message 08-190 regarding the Combat Infantryman Badge (CIB), as well as the other combat badges, requires assessing "...the entirety of the combat situation..." and there are "…no fixed, qualifying distances..."  They did not keep track of how close rounds landed or exactly when the firing stopped, because they were treating the wounded.  They did not hesitate to move to the sound of fire, treated the wounded at the point of injury, and then transported them to definitive care.  MAJ R was awarded the Combat Action Badge (CAB) for the actions on 7 October 2011, and succinctly summarized the situation in his statement.  

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  MILPER Message 08-190 states for award of the CIB 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.  While no fixed, qualifying distance from an explosion can be established, commanders should consider the entirety of the combat situation when considering award of the CIB.  The change was summarized to note that while not qualifying by themselves, engagement by direct fire weapons, including improvised explosive devices and the like, should be considered in recommendations for award of the CIB.
 
DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant served in a combat arms unit of brigade or smaller size satisfactorily performing medical duties after the location was hit by 57mm indirect rocket fire on two separate occasions.  However, the location did not receive enemy fire during or shortly after the explosions causing the injuries for which he performed treatment on the injured, indicating the unit was not engaged in active ground combat at the time (i.e., there is no evidence to show he attended to casualties of the rocket attack while the attack was going on).  

2.  His statement indicates that MAJ FDR was awarded the CAB for the 7 October 2011 incident.  Although MAJ FDR's award recommendation is not available for comparison, MAJ FDR stated in his sworn statement that he was 12 meters from the blast, which was in the immediate vicinity of the blast as opposed to applicant's being several hundred yards away in his office.  Therefore, the applicant is not eligible for award of the CMB.

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 that 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)                                         AR20130012519



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ABCMR Record of Proceedings (cont)                                         AR20130012519



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