IN THE CASE OF:	  

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090019006 


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 the Expert Field Medical Badge.

2.  The applicant states he earned this badge on 23 May 1983.

3.  The applicant provides 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's military records show that he enlisted in the Regular Army on 16 June 1980.  He was awarded the military occupational specialty of medical specialist.  The highest rank/grade he held was specialist/E-4.

3.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list an Expert Field Medical Badge.

4.  The applicant was honorably released from active duty on 7 July 1983 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 22 days of creditable active service. 

5.  Army Regulation 600-8-22 (Military Awards) states award of the Expert Field Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests.  The basic eligibility criteria for enlisted personnel is that they must have an Army Medical Department (AMEDD) primary military occupational specialty (MOS) or an MOS of 18D.  Eligible personnel must be on active duty or assigned to a Reserve troop program unit or an AMEDD mobilization augmentation agency. 

DISCUSSION AND CONCLUSIONS:

While the applicant asserts he earned the Expert Field Medical Badge in May 1983, there is no evidence and the applicant did not provide any evidence that he met the criteria for or was ever recommended for or awarded the Expert Field Medical Badge.  As such, there is insufficient basis to warrant adding this badge to his DD Form 214.

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)                                         AR20090019006



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ABCMR Record of Proceedings (cont)                                         AR20090019006



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