IN THE CASE OF:
BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130014541
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 award of the Combat Medical Badge and his service in Saudi Arabia during Operations Desert Shield/Desert Storm (in duplicate applications).
2. The applicant states he needs his records to show he participated in Operation Desert Storm to obtain a State of Florida Desert Storm license plate.
3. The applicant provides copies of his DD Form 214.
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 12 November 1987. He completed training as a medical specialist. He arrived in Saudi Arabia on 25 December 1990. His records do not show the unit to which he was assigned while he was serving in Saudi Arabia.
3. On 12 April 1991, the applicant departed Saudi Arabia en route to the United States. He was honorably released from active duty on 24 January 1995.
His DD Form 214 does not show he was awarded the Combat Medical Badge. It also does not show service in Saudi Arabia.
4. Army Regulation 600-8-22 (Military Awards) states the Combat Medical Badge 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. 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.
5. Army Regulation 635-5 (Separation Documents), then in effect, served as the authority for preparation of the DD Form 214. It provided that the DD Form 214 would be prepared to reflect an individual's service, as it existed on the date of release from active duty or discharge. Subsequent to the applicant's separation, this regulation was changed to show deployments in the remarks section. It stated for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. There is no evidence in the available record and the applicant has not submitted sufficient evidence to show he was awarded the Combat Medical Badge. Therefore, there is no basis for adding this award to his DD Form 214.
3. The applicant served in Saudi Arabia from 25 December 1990 through 12 April 1991. At the time of the applicant's separation, deployment information was not entered in the remarks section of the DD Form 214. However, a subsequent change to the governing regulation required such entries. As a matter of equity, the applicant's DD Form 214 should now be corrected by showing his period of deployment.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ __ X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the statement "SERVICE IN SAUDI ARABIA FROM 19901225-19910412" to item 18 on his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Medical Badge.
_______ _ 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) AR20130014541
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130014541
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120004292
Additionally, he requests award of the Combat Infantryman Badge (CIB) and the Southwest Asia Service Medal (SWASM). His military service records do not contain any orders awarding him the CIB. There is no evidence in the available records to show the applicant should be awarded the CIB.
ARMY | BCMR | CY2014 | 20140014741
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and medals he earned to include the "Desert Storm Medal," Southwest Asia Service Medal, Kuwait Service Liberation Medal, and the Combat Medical Badge (CMB). A DA Form 1577 (Authorization for Issuance of Awards) issued by Department of the Army Personnel Center St. Louis on 17 August 1992 shows he was authorized and issued the following awards: * National Defense...
ARMY | BCMR | CY2010 | 20100013248
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM) and the Combat Infantryman Badge (CIB). Therefore, his records should be corrected to show award of the SWASM with one bronze service star. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Southwest Asia Service Medal...
ARMY | BCMR | CY2003 | 2003087937C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB) and to add a remark that he participated in Operation Desert Shield and Desert Storm. The applicant was an infantryman, assigned to an infantry company in Saudi Arabia during Operation Desert Storm; however, there...
ARMY | BCMR | CY2009 | 20090016022
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his awards for Operation Desert Shield/Desert Storm, to include the Valorous Unit Award, Combat Infantryman Badge, Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal - Kuwait, and the Southwest Asia Service Medal. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the...
ARMY | BCMR | CY2005 | 20050006300C070206
The applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; a copy of a DD Form 215, Correction to DD Form 214, dated 21 November 1996; a copy of a certificate awarding him the Army Commendation Medal, dated 1 April 1991; a copy of a DA Form 1577, Authorization for Issuance of Awards, dated 22 November 1996; and a copy of a Department of the Army Letter, Subject: Policy Change to the Combat Medical Badge, dated 15 July 2004; in support of his...
ARMY | BCMR | CY2010 | 20100000935
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records to show the applicant should be awarded the CIB. _______ _ 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.
ARMY | BCMR | CY2014 | 20140018530
The applicant requests the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 July 1991: * Southwest Asia Service Medal * Combat Infantryman Badge 2. Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with a...
ARMY | BCMR | CY2009 | 20090000039
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add his Combat Infantryman Badge (CIB) and to reflect his correct dates of service in Southwest Asia. The applicant states that he departed for Southwest Asia in September 1990, not October 1990, and he served in combat. However, there is no evidence or indication that he served in active ground combat during his deployment.
ARMY | BCMR | CY2014 | 20140019547
Army Regulation 600-8-22, as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. Although the applicant contends that his unit was awarded the CIB after his discharge, the CIB is an individual award and not a unit award. As a result, the Board recommends that all...