IN THE CASE OF:
BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140005738
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended.
2. The applicant states his DD Form 214 is missing the awards of the Combat Medical Badge (CMB), Army Commendation Medal (ARCOM) with "V" device, and Driver's Badge. A noncommissioned officer recommended him for these awards and he received them in August 2003.
3. The applicant provides a DD Form 214, DD Form 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty), and a transmittal form.
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 7 March 2000, and completed basic combat and advanced individual training. He was awarded military occupational specialty 91B (Medic). The highest rank/grade he attained while serving on active duty was specialist/E-4.
3. On 15 October 2004, the applicant was discharged due to misconduct under the provisions of Army Regulation 635-200, paragraph 14-12c(2) (abuse of illegal drugs). He received a general discharge under honorable conditions. He completed 4 years, 7 months, and 9 days of creditable active service. His DD Form 214, along with a DD Form 215, shows:
a. item 12f (Foreign Service), 1 year and 12 days
b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Presidential Unit Citation
* Armed Forces Expeditionary Medal (AFEM) with 1 bronze service star
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* North Atlantic Treaty Organization (NATO) Medal
* Parachutist Badge
4. His record is void of any reference to the award of the CMB, ARCOM with "V" device, or a Driver's Badge.
5. Army Regulation 600-8-22 (Military Awards) provides:
a. The CMB may be awarded to members of the Army Medical Department (Colonels and below) assigned or attached by appropriate orders to an infantry unit of brigade, regimental or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941. Effective
16 January 1991, medical personnel assigned or attached to armor and ground cavalry units of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire, are eligible for the CMB. On or after 18 September
2001, medical personnel assigned or attached to any Combat Arms units (not to include Aviation) of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire, may be awarded the CMB.
b. The ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army, distinguishes himself by acts of heroism, extraordinary achievement, or meritorious service. The "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy. As with all personal decorations, announcement in orders is required.
c. The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operations to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record nor did the applicant submit any evidence showing he was either recommended or approved for awards of the CMB, ARCOM with "V" device or Driver's Badge. Therefore, no basis exists to grant the requested relief.
2. 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.
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) AR20140005738
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ABCMR Record of Proceedings (cont) AR20140005738
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