IN THE CASE OF:	   

		BOARD DATE:	  2 December 2013

		DOCKET NUMBER:  AR20130018129 


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 injured and therefore unable to physically administer medical care to other injured Soldiers.  In lieu of administering medical care to other injured Soldiers, he supervised and directed both American and Afghan medics on proper and appropriate medical techniques in order to save life, limb, and eyesight of injured Soldiers.  Supervising and directing medical care is within the scope and responsibility of military occupational specialty 68W (Health Care Specialist); therefore, the CMB request should be approved.

3.  The applicant provides a memorandum for record and U.S. Army Human Resources Command (HRC) denial of award of the CMB.

CONSIDERATION OF EVIDENCE:

1.  On 15 September 2009, the applicant enlisted in the Regular Army.  He subsequently completed training, was awarded military occupational specialty 68W, and was promoted to sergeant/E-5.

2.  His records show he was ordered to deploy to Afghanistan in July 2011 for a period not to exceed 1 year.

3.  On 1 December 2011, he was awarded the Purple Heart for wounds received as a result of hostile actions.  He was assigned to Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry Regiment, 2d Brigade Combat Team, at the time.

4.  He was ordered to report to Brooke Army Medical Center on 3 December 2011 for further medical treatment.

5.  On 28 January 2013, he reenlisted for 3 years.  He is currently serving on active duty.

6.  His records are void of documentation showing he was recommended for or awarded the CMB.

7.  He provides a memorandum for record from the 1st Squadron, 10th Cavalry Regiment, 2d Brigade Combat Team, 4th Infantry Division, S-3 training officer in charge regarding recommendation for award of the CMB for the applicant.  The officer stated the 2d Platoon, Troop B, 1st Squadron, 10th Cavalry Regiment, was on routine patrol in Afghanistan on 1 December 2011 when the applicant was injured by an improvised explosive device (IED).  While the applicant was being treated for his injuries, he directed and instructed another Soldier and an Afghan medic in the proper treatment of his injuries, as well as the proper carrying techniques of injured personnel.

8.  His CMB packet is not available for review by the Board.

9.  On 9 August 2013, the HRC Awards and Decorations Branch disapproved the applicant's request for award of 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.

10.  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.

11.  On 22 July 2008, HRC issued Military Personnel Message 08-190, subject:  Revised Criteria for Awarding Combat Badges (Combat Infantryman Badge (CIB), CMB, Combat Action Badge (CAB)).  

	a.  With regard to the CIB, the message stated the following paragraph was to 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.  Improvised Explosive Devices (IEDs), vehicle-borne IEDs (VBIEDs) 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 message stated the following paragraph was to 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.  

DISCUSSION AND CONCLUSIONS:

1.  While the applicant believes his actions merit award of 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.

2.  The evidence of record shows he served in Afghanistan and was assigned as a medical specialist to a combat unit.  The memorandum for record provided indicates he performed medical duties after he was injured by an IED by directing another Soldier and an Afghan medic in the proper treatment of his injuries, 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 IEDs and VBIEDs, the CMB criteria did not undergo a similar provision.  It is clear that the IED issue was considered and that, with regard to the CMB, 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.  Therefore, 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)                                         AR20130018129



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ABCMR Record of Proceedings (cont)                                         AR20130018129



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