IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012598 


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 Combat Medical Badge.

2.  The applicant states he served as a combat medical specialist during Operation Desert Shield/Storm.  His unit, the 3rd Battalion, 41st Infantry, was attached to the 1st Marine Division.  His unit crossed the border and saw combat during this conflict.  Others in his unit received their Combat Medical Badge.  It appears his was overlooked upon his return to Fort Hood, TX.

3.  The applicant did not provide any evidence. 

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 10 July 1985 and he held military occupational specialty (MOS) 91A (Medical Specialist).  He served in Southwest Asia in support of Operation Desert Shield/Storm from 13 October 1990 to 17 April 1991.  He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 41st Infantry.

3.  He was honorably released from active duty on 17 June 1991.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Achievement Medal 
* Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show the Combat Medical Badge.  Additionally, his service records do not contain orders awarding him the Combat Medical Badge.  

5.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's medical MOS and his service in Southwest Asia with an infantry unit are not in question.  However, there is no evidence in the available records and he did not submit sufficient evidence that shows he was personally present and under fire during ground combat while serving in a medical unit that was organic to an infantry unit.

2.  Others may have been awarded the Combat Medical Badge; however, without knowing the complete facts and circumstances for awarding them this badge, it is not possible to compare the applicant's circumstances to others.  
3.  Notwithstanding the applicant’s sincerity regarding his entitlement to this badge, in the absence of the above evidence, there is insufficient evidence upon which to base award of the Combat Medical Badge in this case.

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)                                         AR20110012598



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ABCMR Record of Proceedings (cont)                                         AR20110012598



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