IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160013214 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :x :x :x DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160013214 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 award of the Combat Medical Badge. 2. The applicant states: a. She was never given the opportunity to receive a Combat Medical Badge because she was an individual augmentee in Afghanistan and moved from one camp to another under several commands, so no one could have followed her detailed activities. b. While serving in Iraq in 2008-2009 under the 115th Combat Support Hospital, they were placed under direct mortar fire several times while working at a Military Treatment Facility. c. While in Afghanistan in 2009- 2010 and assigned under several units, to include an active duty unit under the 82nd Airborne Division, she was engaged in live fire and attacked by rocket propelled grenades when she first arrived at Camp Phoenix in Kabul on approximately 6 September 2009. They were again attacked with both rocket propelled grenades and mortars while in Kunduz and working in the Medical Treatment Facility. d. Lastly, they were fired upon with rocket propelled grenades near the end of her deployment in 2010 at the Kuwait International Airport. She believes she deserves this badge because these events actually occurred during her tours of duty. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge) covering the period from 2 July 2008 through 11 August 2009 * DD Form 214 covering the period from 12 August 2009 through 20 October 2010 * DD Form 214 covering the period from 7 March 2013 through 2 March 2014 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 was commissioned a first lieutenant in the Army of the United States on 2 September 2004. She is currently serving in the U.S. Army Reserve in the rank of major and holds the primary specialty 66P (Family Nurse Practitioner). 3. Her DD Form 214 covering the period from 2 July 2008 through 11 August 2009 shows she was ordered to active duty in support of Operation Iraqi Freedom and served in Iraq from 9 July 2008 through 5 July 2009. Her primary specialty was 66P and she was last assigned to the 948th Medical Detachment. It does not reflect she was awarded the Combat Medical Badge. 4. Her DD Form 214 covering the period from 12 August 2009 through 20 October 2010 shows she was ordered to active duty in support of Operation Enduring Freedom and served in Afghanistan from 21 August 2009 through 31 July 2010. Her primary specialty was 66P and she was last assigned to the 452nd Medical Detachment. It does not reflect she was awarded the Combat Medical Badge. 5. Her DD Form 214 covering the period from 7 March 2013 through 2 March 2014 shows she was ordered to active duty in support of Operation Enduring Freedom and served in Kuwait from 19 April 2013 through 12 January 2014. Her primary specialty was 66P and she was last assigned to the 19th Medical Hospital Detachment. It does not reflect she was awarded the Combat Medical Badge. 6. A review of her Official Military Personnel File as well as the documents provided reveals there is no evidence of record she performed her medical duties while personally present and under fire as her unit was engaged in active ground combat. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Combat Medical Badge is awarded to medical personnel (colonel and below) who, on or after 18 September 2001, are assigned to, attached to, or under operational control of any combat arms unit of brigade or smaller size and satisfactorily perform medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire. DISCUSSION: 1. The applicant states she was engaged in live fire and attacked by rocket propelled grenades on several occasions while deployed and performing her medical duties, but due to her status as an augmentee these events were, in effect, not tracked by her units of attachment and therefore she was never awarded the Combat Medical Badge. 2. Unfortunately, there is no evidence of record to corroborate her claims or show she satisfactorily performed medical duties while the combat arms unit she was assigned or attached to was engaged in active ground combat, at which time she was personally present and under fire. 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160013214 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013214 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2