BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160001729 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160001729 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160001729 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, correction of his military personnel records to show he was awarded the Expert Field Medical Badge and selected as "Soldier of the Month" while serving at Fort Hood, TX. 2. The applicant states documents pertaining to the Expert Field Medical Badge and "Soldier of the Month" are missing from his records. He adds that he is attempting to gather records and information in support of an application to have his discharge overturned. 3. The applicant provides no additional documentary evidence in support of his application. 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 on 4 March 1993. 3. His DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Oversea Service): Korea from 12 August 1993 to 11 August 1994 * item 6 (Military Occupational Specialties (MOS)) contains no entries * item 9 (Awards, Decorations and Campaigns) does not list the Expert Field Medical Badge or "Soldier of the Month" * item 17 (Civilian Education and Military Schools): Medical Specialist, MOS 91B, 10 weeks, 1993 * item 18 (Appointments and Reductions) – * private first class/E-3, 1 January 1995 * private/E-1, 25 May 1996 * item 35 (Record of Assignments) – * Duty MOS 91B1O, Medical Specialist, Headquarters and Headquarters Company, 1st Battalion, 5th Infantry Regiment, 2nd Infantry Division (Korea), from 13 August 1993 to 10 August 1994 * Duty MOS 91B1O, Medical Specialist, Company A, 588th Engineer Battalion, 4th Infantry Division, Fort Hood, TX, from 20 September 1994 to 13 December 1995 4. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 16 June 1997 based on court-martial, other. He had completed 3 years, 7 months, and 24 days of total active service this period. It also shows in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 5. A review of the applicant's military personnel records failed to reveal orders or any evidence that shows he was awarded the Expert Field Medical Badge or that he was selected as "Soldier of the Month." REFERENCES: Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. Chapter 8 (Badges and Tabs), paragraph 8-10 (Expert Field Medical Badge), in pertinent part, shows the basic eligibility criteria requires enlisted personnel to hold a primary MOS (PMOS) in the medical Career Management Field. Eligible personnel must be on active duty or assigned to a troop program unit in a Reserve Component unit or an Army Medical Department mobilization augmentation agency. b. The authority to conduct the test and award the Expert Field Medical Badge is delegated to commanders in the grade of lieutenant colonel/pay grade O–5 or above. Commanders must have the resources and facilities to conduct the test as prescribed by the U.S. Army Medical Department Center and School. c. The Military Awards regulation does not list the "Soldier of the Month" as a U.S. Army award or decoration. DISCUSSION: 1. The applicant contends his military personnel records should be corrected to show award of the Expert Field Medical Badge and that he was selected "Soldier of the Month." However, he provides no documentary evidence in support of his application. 2. The applicant held PMOS 91B during the period of service under review. a. There is no evidence of record that shows he was tested and qualified for award of the Expert Field Medical Badge. b. There are no orders or other evidence that shows he was awarded the Expert Field Medical Badge. 3. There is no evidence that shows the applicant was selected as "Soldier of the Month." (It is noted that the Military Awards regulation does not list the "Soldier of the Month" as a U.S. Army award or decoration. Therefore, it is not authorized as an entry in item 9 of the DA Form 2-1 or in item 13 of the DD Form 214.) //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001729 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001729 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2