IN THE CASE OF:    

		BOARD DATE:  13 January 2015	  

		DOCKET NUMBER:  AR20140009132 


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 record by deleting the award of the Combat Infantryman Badge (CIB) and replace it with the Combat Medical Badge.

2.  The applicant states he was awarded the CIB during his deployment to Iraq in 2005, but his military occupational specialty (MOS) 68W (Health Care Specialist) (at the time identified as 91W (Health Care Specialist)) does not qualify for the CIB.  Rather he qualifies for the CMB.  He has made numerous inquiries, to include requesting Congressional assistance, but has not been able to have the change made.

3.  The applicant provides:

* 4 letters
* 1 email
* DA Form 4187 (Personnel Action)
* DA Form 4187-1-R (Personnel Action Addendum)
* Memorandum for Record
* Orders with amendment
* Enlisted Record Brief
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 2 DA Forms 2823 (Sworn Statement)
* 3 witness statements
* Outpatient Record - Theater Medical Data Store


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 4 August 2003 and, after initial training, was awarded MOS 91W.  On 9 January 2005, he was honorably discharged from the U.S. Army Reserve.

2.  On 10 January 2005, he enlisted in the Georgia Army National Guard (GAARNG).  On 15 February 2005, he was mobilized for deployment to Iraq as part of the 1st Battalion, 121st Infantry Regiment, 48th Infantry Brigade Combat Team.  The order shows his primary MOS as 91W.

3.  Available records show he was awarded an Army Commendation Medal on 22 October 2005 for achievement.  In the justification it stated, in part, he performed duties as platoon medic, and an incident is cited wherein he distinguished himself by providing first aid to fellow Soldiers wounded by an improvised explosive device (IED) explosion.  The justification further states the vehicle was burning and ammunition was cooking off.

4.  Permanent Order (PO) Number 201-56, dated 22 July 2005, Headquarters, 48th Infantry Brigade Combat Team [presumed on basis of a letter from that Headquarters; the award orders are not available for review] awarded him the Combat Infantryman Badge for satisfactorily performing qualifying actions while his unit was engaged in active ground combat.

5.  On 9 April 2013, the applicant's former command initiated a DA Form 4187 requesting award of the Combat Medical Badge.  His chain of command all recommended approval, with the Commanding General, Lieutenant General Mxxxxx, adding the comment "fully deserving of CMB."

6.  On 7 August 2013, the U.S. Army Human Resources Command (HRC) denied the request for the CMB, stating documentation did not show the applicant performed medical duties while the unit was engaged or being engaged by the enemy.

7.  The applicant provides:

	a.  Three witness statements made by former members of the applicant's unit.  These statements essentially confirm the following:

* on or about 26 June 2005, an element of the 1st Battalion, 121st Infantry Regiment was engaged in a patrol when one of the vehicles struck a pressure plate IED
* one account states, almost immediately, the patrol took on small arms fire from the enemy
* the vehicle struck by the IED was burning and ammunition inside began to explode
* four Soldiers were injured; one Soldier had a bilateral shrapnel wound in his legs and a second Soldier was bleeding from various locations and had difficulty breathing
* the applicant applied first aid, helped coordinate, and assisted with their medical evacuation

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

	a.  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 Combat Medical Badge.  

	b.  As amended by Military Personnel Message 08-190, the regulation states the Combat Infantryman Badge 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.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.  

	c.  Army Regulation 600-8-22 also states that 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 Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Combat Medical Badge requires the recipient to be medical personnel who satisfactorily performed medical duties, and personally present and under fire, while assigned to a Combat Arms unit brigade size or smaller that was engaged in active ground combat.
2.  The evidence in the available record identifies a specific incident in which the applicant met the requirements for the Combat Medical Badge:

* he held the MOS of 91W
* he was assigned to the 1st Battalion, 121st Infantry Regiment (1/121)
* he was with an element of the 1/121 while they were on a combat patrol on or about 26 June 2005
* one vehicle in the patrol was struck by an IED, after which the patrol took on small arms fire from the enemy
* the applicant performed medic duties, providing aid to two wounded Soldiers; ultimately ensuring they were treated and properly evacuated

3.  The applicant was inappropriately awarded a Combat Infantryman Badge as a result of this incident.  This award should be revoked.  

4.  He meets the requirements to receive the Combat Medical Badge.  He should be awarded the Combat Medical Badge instead, and his records should be corrected to show this.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* revoking that portion of Permanent Order Number Number 201-56, dated 22 July 2005, Headquarters, 48th Infantry Brigade Combat Team, awarding the applicant the Combat Infantryman Badge


* awarding the applicant the Combat Medical Badge for service on or about 26 June 2005




      ____________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)                                         AR20140009132





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ABCMR Record of Proceedings (cont)                                         AR20140009132



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