BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160010555 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: 16 May 2018 DOCKET NUMBER: AR20160010555 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: 16 May 2018 DOCKET NUMBER: AR20160010555 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 the Combat Medical Badge. 2. The applicant states the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch denied him the Combat Medical Badge because he was assigned to a combat aviation brigade. He states he was assigned to a general support aviation battalion. His Enlisted Record Brief shows he was assigned to a general support unit; however, he has orders in his packet that temporarily assigned him to the 82nd Combat Aviation Brigade for the remaining duration of his deployment. 3. The applicant provides – * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Enlisted Record Brief * Orders 341-009 dated 7 December 2009 * DA Form 2823s (Sworn Statement) dated 10 March 2010, 6 August 2010, 8 September 2010 * letter from commanding officer dated 28 September 2010 * DA Form 4187 (Personnel Action) dated 6 December 2013 * general officer letter dated 15 December 2014 * HRC denial letter dated 27 February 2015 * Combat Medical Badge submission instructions * email communications 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. On 23 July 1998 the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 68W (Health Care Specialist). 3. The applicant's 6 August 2010 Enlisted Record Brief, Section I (Assignment Information) shows he served overseas as follows – * Afghanistan from 4 February 2006 to 5 February 2007 * Iraq from 21 July 2009 to 2 October 2009 * Afghanistan from 3 October 2009 to 11 May 2010 4. During the period from June 2009 to June 2010, he was assigned to Company C, 5th Battalion, 158th Aviation Regiment serving as a flight medic. On 7 December 2009, Orders 341-009 were issued deploying him in a temporary change of station status. These orders temporarily assigned him to 82nd Combat Aviation Brigade with duty in Kandahar, Afghanistan. The effective date was 1 October 2009 (prior to the date the order was issued). The duration of time was not to exceed 262 days. 5. On 11 August 2013 the applicant was honorably discharged and issued a DD Form 214. He served for 15 years and 19 days with three overseas tours in support of Operations Iraqi Freedom and Enduring Freedom. The Combat Medical Badge is not listed as an authorized badge on his DD Form 214. However, he did receive the Combat Action Badge and three Air Medals. 6. The applicant provides sworn statements from members of the aircraft crews in support of his request for the Combat Medical Badge. a. On 8 March 2010, Captain Michael K.C. stated he received notification there was a United States causality Category A patient (gunshot wound to the head) requiring medical evacuation. During the flight briefing he was informed the intended landing zone was taking incoming enemy fire. As the wounded Soldier required immediate evacuation, the flight mission was launched including a chase aircraft. Upon radio contact with personnel at the landing zone, it was confirmed it was under fire by enemy forces. As he brought his aircraft into the landing zone it came under heavy small arms and machine gun fire. The chase aircraft located the enemy positions and returned suppressive fire. The enemy then used rocket propelled grenades intensifying their assault. The patient was loaded into the aircraft and they departed with the chase aircraft still engaging enemy forces. b. On 10 March 2010, Chief Warrant Officer Two (CW2) Susan R.P. stated the medical evacuation aircraft crew and the medical chase crew received notification a medical evacuation was required for a Category A patient on 8 March 2010. She was a pilot on the medical case helicopter. The forward operating base was under enemy small arms fire and rocket propelled grenade attacks. The two aircraft launched and moved to the landing zone. Upon their arrival she orbited her helicopter over the landing zone locating enemy positions. Her aircraft crewmen returned suppressive fire. The medical evacuation helicopter landed and the patient was loaded into the aircraft. It departed while under small arms fire. Her crew continued with suppressive fire while departing the area. c. On 6 August 2010, the applicant prepared a sworn statement in support of his request for the Combat Medical Badge. He stated he was part of a medical evacuation crew, which received instructions the morning of 8 March 2010 that a Category A patient required medical evacuation from a forward operating base. As his aircraft approached the landing zone, he heard suppressive fire from friendly forces. He also witnessed explosions in an open field to the right of the landing zone. When the aircraft landed he exited with his weapon and heard an enormous amount of gunfire and explosions. He provided cover for the litter team as they approached the aircraft. He then loaded the patient and found his vital signs were absent. He started cardiopulmonary resuscitation. His aircraft departed the landing zone and small arms fire could still be heard. Upon landing at their home base, the patient was moved to a medical treatment facility. He and the rest of the crew discussed their mission. He was told four or five enemy rocket propelled grenades impacted at the landing zone. d. On 7 September 2010, CW3 Nathaniel V.H. stated he was the senior member of an aircraft crew performing medical evacuation chase duties at a forward operating base (in Afghanistan). Prior to launching he received an intelligence update wherein approximately 50 enemy personnel were massing at the landing zone using small arms fire and rocket propelled grenades. A call came for quick assistance to medically evacuate a seriously wounded Marine. While in the air approaching the landing zone, they came under heavy attack from rocket propelled grenades. He conducted an aerial reconnaissance and directed his crew to engage the enemy forces on the ground with their weapon systems. Due to their suppressive fire, the friendly forces were able to withdraw toward a rally point and the medical evacuation was successfully completed. 7. In addition, the applicant provides the following information: a. on 28 September 2010, the commanding officer of Task Force Ready, Headquarters, 5th Battalion, 158th Aviation Battalion signed a letter of lateness to his higher commanding officer stating the late award recommendation for the applicant's Combat Medical Badge was not the fault of the applicant. b. on 6 December 2013, while a member of the U.S. Army Reserve, the applicant's commander prepared and signed a DA Form 4187 recommending the applicant receive the Combat Medical Badge. The commander stated the applicant was assigned to 5th Battalion, 158th Aviation Regiment performing medical (evacuation) duties and was personally present under hostile fire in direct support of United States ground combat arms units who were directly engaged with the enemy. The date of his contact with enemy forces was on 8 March 2010 when his medical evacuation crew participated in a medical evacuation of a patient. At the landing zone the applicant and aircraft crew came under direct enemy fire from machine guns, rocket propelled grenades and small arms. The crew continued to receive enemy fire while on the ground and during their departure. c. on 15 December 2014, a brigadier general signed a letter of recommendation supporting award of the Combat Medical Badge for the applicant. d. on 27 February 2015, by letter the HRC Awards and Decorations Branch Chief informed the applicant his request was denied. The letter states the governing regulation and subsequent military policy messages precluded this award to medical personnel who served in general support aviation units. He was informed he could apply to this Board for relief. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states that, on or after 18 September 2001, medical personnel assigned or attached to or under operational control of any Combat Arms unit of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire, are eligible for award of the Combat Medical Badge. a. The Combat Medical Badge was created as a "companion" badge to the Combat Infantryman Badge with criteria for its award intended to parallel that of the Combat Infantryman Badge. It was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares experiences unique to the infantry in combat. There was never any intention to award the Combat Medical Badge 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. b. The regulation states medical personnel serving in division level medical companies, ground ambulance and medical clearing companies, mobile-Army surgical hospital (MASH), combat-support hospital, field hospitals, and aero-medical evacuation units are not eligible for the Combat Medical Badge. 2. A combat aviation brigade is a multi-functional brigade-sized unit in the United States Army that fields military helicopters, offering a combination of attack/reconnaissance helicopters, medium-lift helicopters, heavy-lift helicopters, and medical evacuation capability. DISCUSSION: A review of the award regulation concerning the Combat Medical Badge states medical personnel performing aeromedical evacuation duties are not eligible for this badge. A review of the witness statements provided by the applicant all state that on 8 March 2010 the applicant and crews of two military aircraft came under enemy fire in a landing zone. The mission of the two aircraft was to medically evacuate a seriously wounded Soldier. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010555 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010555 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2