ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 June 2019

	DOCKET NUMBER:  AR20170005505


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* award of the Combat Medical Badge
* service in Iraq

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he is missing his deployment time in Iraq and his award of the Combat Medical Badge from his DD Form 214.  He provides the order number for his Combat Medical Badge as CMB-204-22, issued on 23 July 2003.

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 24 May 2001.  He held military occupational specialty 68W (Health Care Specialist).

	b.  His enlisted record brief does not capture any overseas or deployment duty in Section I.  Section VIII does not list award of the Combat Medical Badge.

	c.  His record is void of any documentation showing he deployed, he was awarded the Combat Medical Badge, or he had any other foreign service.

	d.  He was discharged from active duty on 2 February 2007 with an honorable characterization of service.  His DD Form 214 shows he completed 5 years, 8 months, and 9 days of active service.  It also shows he was awarded or authorized:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Army Service Ribbon

4.  By regulation, 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 either a brigade, regiment, or smaller size which is engaged in actual 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.

5.  Also by regulation, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the entry “Service in (Name of Country Deployed) from (Includes dates for example, YYYYMMDD-YYYYMMDD).”

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  Based upon a review of the documentary evidence provided by the applicant and found within his military service record, the Board found no evidence that the applicant ever deployed to Iraq, and there is no evidence he qualified for a CMB.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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 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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 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 a brigade, regiment, or smaller size which is engaged in actual 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.  The Combat Medical Badge is authorized for award for Iraq (Operation Iraqi Freedom, 19 March 2003 to 31 August 2010).

3.  AR 635-8 (Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It states for item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the entry “Service in (Name of Country Deployed) from (Includes dates for example, YYYYMMDD-YYYYMMDD).”


ABCMR Record of Proceedings (cont)	AR20170005505


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