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



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ABCMR Record of Proceedings (cont)                                         AR20130014541



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