ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS

                   IN THE CASE OF:

                   BOARD DATE:  31 January 2019  

                   DOCKET NUMBER:  AR20170008089

APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the following awards:
* Army Commendation Medal
* Armed Forces Expeditionary Medal
* Combat Medical Badge
* Global War on Terrorism Service Medal

APPLICANT’S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: 
DD Form 149 (Application for the Correction of Military Records).
FACTS: 
1.  The applicant did not file within the three year time frame provided in Title 10,          U.S. Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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’s awards requests are supported by sufficient evidence; therefore, they will be administratively corrected and not considered by the Board.  In addition, the Global War on Terrorism Service Medal is currently on his DD Form 214.  The Board will consider:

* the Combat Medical Badge
* Armed Forces Expeditionary Medal

3.  The applicant states his DD Form 214 does not reflect the requested awards that he feels he qualifies for.
4.  A review of the applicant’s service records show on:
* 7 January 1999, he enlisted in the U.S. Army Reserve (USAR)
* 9 February 1999, he entered active duty for training (ADT) for training in military occupational specialty (MOS) 91B (Medical Specialist)
* 2 July 1999,he was honorably released from ADT to his USAR unit
* 24 September 2002,he enlisted in the Regular Army in MOS 91W (Healthcare Specialist)
5.  He was discharged on 6 September 2005 by reason of misconduct, commission of a serious offense with a general, under honorable conditions characterization of service.  Item 18 (Remarks) shows he served in Kuwait/Iraq from 5 April 2003 – 4 April 2004.  This form further shows he was awarded or authorized:
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
6.  Army Regulation (AR) 600-8-22 (Military Awards) states:

   a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

   b.  The designated U.S. military operations, areas, and dates are provided in Table 2–3, U.S. military operations in direct support of the UN operations are provided in table 2–4, and U.S. military operations of assistance to a friendly foreign nation are provided in table 2–5.  

   c.  The Combat Medical Badge is awarded to medical department personnel (colonel and below) who on or after 18 September 2001, are 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.

   d.  The Combat Medical Badge is authorized for award for the following qualifying wars, conflicts, and operations:

* Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined)
* Iraq (Operation Iraqi Freedom, 19 March 2003 to a date to be determined)

BOARD DISCUSSION:  The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance.  The Board finds there is sufficient evidence in the applicant’s service record to grant both the Combat Medical Badge and Armed Forces Expeditionary Medal.

BOARD VOTE: 

Member 1	Member 2	Member 3
X	    X	  X	Full Grant 
:	      :	      :	Partial Grant 
:	      :	      :	Formal Hearing Grant 
:	      :	      :	Deny

BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Awarding the applicant the Combat Medical Badge
* Adding to his DD Form 214:

* Combat Medical Badge
* Armed Forces Expeditionary Medal
				   			
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.
ADMINISTRATIVE NOTES:
1.  A review of the applicant’s record shows:
* Permanent Order Number 152-239, awarded applicant the Army Commendation Medal while assigned to 74th Engineer Company, Multi-Role Bridge Company, Iraq, for performing duties as a platoon medic from 19 March – 15 May 2003
* Global War on Terrorism Service Medal is already reflected on his DD Form 214
2.  Amend DD Form 214 to add the Army Commendation Medal (1st Award).

REFERENCES:
1.  Title 10, USC, 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 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.  
2.  Army Regulation (AR) 600-8-22 (Military Awards) states:

   a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

   b.  The designated U.S. military operations, areas, and dates are provided in Table 2–3, U.S. military operations in direct support of the UN operations are provided in table 2–4, and U.S. military operations of assistance to a friendly foreign nation are provided in table 2–5.  

   c.  The Combat Medical Badge is awarded to medical department personnel (colonel and below) who on or after 18 September 2001, are 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.

   d.  The Combat Medical Badge is authorized for award for the following qualifying wars, conflicts, and operations:

* Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined)
* Iraq (Operation Iraqi Freedom, 19 March 2003 to a date to be determined)

3.  AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Source documents will consist of the enlisted record brief, separation order or any other document authorized for filing in the official military personnel file.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized); list awards and decorations for all periods of service; each entry will be verified by the Soldier’s record.
ABCMR Record of Proceedings (cont)	AR20170008089
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