BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140013259 


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, in effect, award of the Combat Medical Badge (CMB).

2.  The applicant states:

	a.  His packet was never submitted up to the general officer level for endorsement.  He was performing his duties as a combat medic while his unit, 1st Battalion, 14th Infantry, was engaged by the enemy in active ground combat.

	b.  His 3 June 2014 statement to the Army Review Boards Agency states – 

*  supervisor submitted a duplicate (reconstructed DA Form 638 (Recommendation for Award) to his previous chain of command
* this included all the previous supporting documents plus a recommendation from his current commander 
* the reconstructed form was returned by Colonel U----- with no action recommended
* the criteria for the CMB is "engaged in active ground combat"
* the all clear had not sounded
* he is not seeking personal glory but only to demonstrate the appropriate conduct of a combat medic

3.  The applicant provides – 

* U.S. Army Human Resources Command (HRC) Memorandum for Commander Army Medical Command, dated 30 July 2013
* applicant's memorandum to the Army Review Boards Agency, dated 3 June 2014 (reflected in paragraph 2b above)
* request for Congressional inquiry
* applicant's narrative
* letter of lateness
* DA Form 4187 (Personnel Action), dated 28 April 2014
* DA Form 4187-1 (Personnel Action Form Addendum), undated
* email exchanges
* incident "story board"
* applicant's Enlisted Record Brief (ERB)
* applicant's deployment orders
* five sworn statements 
* Cable News Network, on-line news report, about the Purple Heart ceremony, dated 8 July 2013
* excerpt from Army Regulation 600-8-22 (Military Awards) about the CMB
* photographs of the rocket impact site
* compact disc with the Purple Heart ceremony and the impact site photographs 

CONSIDERATION OF EVIDENCE:

1.  On 12 November 2010, the applicant, a Regular Army specialist (SPC), was assigned to B Company, 1st Battalion, 14th Infantry in Afghanistan at Forward Operating Base Warrior.  A single containerized housing unit (CHU) was damaged by an incoming rocket at about 1315 hours.

2.  According to their sworn statements:

	a.  SPC Kenneth D----- stated the "Incoming" alarm sounded, he was running from his CHU when he witnessed the applicant rendering first-aid to PFC G--- who had apparently been pulled from his damaged CHU.  A litter was brought and the applicant helped transport the patient to the aid station.

	b.  Sergeant (SGT) Andrew K---- was running to the bunker when he saw one Soldier being removed from the damaged CHU.  He looked inside to ensure there was no one else inside.  He observed the applicant treating the wounded Soldier.  The applicant, SFC K-------, and the first sergeant took the casualty to the aid station.

	c.  SPC Thomas P----- heard the incoming alarm and "went to the ground" after a loud explosion.  He ran outside and saw smoke approximately 75 meters away.  He ran toward the smoke and saw the applicant and Sergeant First Class (SFC) K-------- dragging PFC G--- from his CHU.  The applicant scanned the victim for serious bleeding, ensured he had an open airway, and started treating his wounds.  The three of them carried the victim to a truck and the applicant accompanied him to the emergency medical station (EMEDS).

	d.  SGT Gary H--- heard the alarm and the explosion, ran out and saw the smoke from the damaged CHU, and ran back in and grabbed his aid bag.  When he arrived at the damaged CHU, the applicant and SFC were pulling PFC G--- from his CHU.  They moved him further away for safety; the applicant examined and treated him.  A truck arrived; they loaded the casualty and the applicant accompanied him to the EMEDS.

	e.  the applicant's own sworn statement relates that he heard the alarm and the explosion.  He then grabbed his medical bag and ran to the damaged CHU which seemed to have been hit by a rocket or mortar round.  He entered the CHU and pulled the injured Soldier from the damaged CHU.  He seemed to have an altered mental state and to be incoherent.  The applicant searched him for life threatening bleeding and determined he had a clear airway and made a decision. Others prepared a transport vehicle and set up a stretcher.  They loaded him, and the applicant accompanied him to monitor his vital signs and search for indications of a collapsed lung that the nature of his injuries suggested might exist. 

3.  The DA Form 4187 dated 25 April 2014 from the Commander, Headquarters and Headquarters Company, 1st Battalion, 14th Infantry requested the brigade commander award the Combat Medical Badge for the incident.  The company commander verified that, "the Soldier was personally present and actively engaged or being engaged by the enemy while performing medical treatment…"  The Personnel Action was sent through the battalion commander to Brigadier General M------B. F----. 

4.  The battalion commander returned the DA Form 4187-1 with the comments that, "Soldier does not qualify for the CMB IAW HQDA Ltr 600-5-1.  The Soldier did not perform medical duties while engaged in active ground combat with the enemy."

5.  The email exchanges, dated between January and June 2014, record the efforts in obtaining the former company commander’s signature as the recommender and in locating and convincing the former battalion commander and commanding general to support and approve the award.

6.  An HRC Memorandum for the U.S. Army Medical Command disapproved the award because the applicant was not performing medical duties while the unit (emphasis added) was engaged in active ground combat.
7.  Army Regulation 600-8-22, paragraph 8-7, Combat Medical Badge states:

   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, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit (emphasis added) is engaged in actual ground combat on or after 6 December 1941.  Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy.

   b.  The CMB is authorized for award for Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined).

   c.  The following is a history of the CMB.  The CMB was created as a "companion" badge to the CIB with criteria for its award intended to parallel that of the CIB.  It was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares with the experiences unique to the infantry in combat.  There was never any intention to award the CMB to all medical personnel who serve in a combat zone or imminent danger area, that is, a division-level medical company supporting a maneuver brigade.  As with the CIB, the infantry unit (emphasis added) to which the medical personnel are assigned or attached must engage the enemy in active ground combat

DISCUSSION AND CONCLUSIONS:

1.  The applicant's case is well documented and his commendable action in rushing to assist a wounded Soldier is noted and acknowledged.

2.  However, the criterion for award of the CMB is that the unit must be engaged in active ground combat and there is no evidence that this was the case.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

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)                                         AR20140013259





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ABCMR Record of Proceedings (cont)                                         AR20140013259



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