IN THE CASE OF: BOARD DATE: 3 August 2022 DOCKET NUMBER: AR20220001078 APPLICANT REQUESTS: award of the Combat Medical Badge (CMB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4187 (Personnel Action) * 3 DA Forms 2823 (Sworn Statement) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Enlisted Record Brief (ERB) * Orders: CS-308-0681, 4 November 2010 * Narrative * 2 Memoranda * Sketch * Extract of Army Regulation 600-8-22 (Military Awards), 5 March 2019 FACTS: 1. The applicant states, in effect: a. On 15 May 2011, the building he lived in received indirect rocket fire. As with other rocket/indirect fires incidents, he grabbed his aid bag and radio to take accountability and move to the casualty collection point in the Tactical Operations Center (TOC). While moving through the building, they received direct hits and received word over the building public address system and radios to get their kits on and move to lower areas. As he moved to the casualty collection point, he called out and asked if anyone was injured. b. When he arrived at the casualty collection point in the TOC, Sergeant (SGT) G______ let him know there was an agent who was injured. While he was talking with SGT G______ and tending to the agent, their operations noncommissioned officer was speaking with him about another injury, but he was receiving simultaneous reports of the same injury. As things calmed down and accountability was achieved, he figured out the agent fell down the stairs or fell while running in from outside; he does not recall at this point. Initially, he thought the agent was injured from shrapnel because there was a bleeding scalp laceration and there was a lot of confusion as to how the injury occurred. They were not allowed to identify the civilian in sworn statements due to the nature of the civilian's duties. c. The Chief, U.S. Army Human Resources Command (AHRC) Awards and Decoration Branch (ADB) cited a statement in Army Regulation 600-8-22 about the establishment of the award and the eligibility criteria in 1941 under section "8-7a.", not the current eligibility requirements found under section "8-7b." Therefore, the awards branch evaluated his CMB packet on the original eligibility requirements from 1941, not the current eligibility requirements. Section 8-7c. lists "the following individuals are also eligible for the CMB:" and goes on to list the criteria of 4 paragraphs with paragraph 4 pertaining to his situation and those who served in Operation Iraqi Freedom, Operation Enduring Freedom, and Operation New Dawn, and it reads, "(4) Effective 18 September 2001, medical personnel assigned or attached to, or under operational control of any ground combat arms and combat aviation units 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. Retroactive awards under these criteria are not authorized prior to 18 September 2001." The CMB packet he submitted provided his orders assigning him to a ground combat unit, the Significant Activity (SIGACT) report from a rocket attack on his location, sworn statements which placed him at the location and that he was personally present and under fire, with sworn statements and a DA Form 4187 signed by his command that showed he "satisfactorily performed medical duties" as required under 8-7c., paragraph 4. 2. On 17 September 2010, the applicant entered active duty as a member of the Army National Guard in primary military occupational specialty 68W (Health Care Specialist). Evidence shows he was ordered to active duty in support of Operation New Dawn, and he served in Iraq from 16 November 2010 to 2 September 2011. On 31 October 2011, he was honorably released from active duty upon the completion of his required active service. Evidence shows he was assigned to the Operational Security Team (OST), Joint Counterintelligence Unit-Iraq (JCIU-I) during the incident in question. The DD Form 214 he was issued at the time does not show he was awarded the CMB. 3. The applicant provides a/an: a. DA Form 4187 dated 21 September 2021, through his current chain of command who recommend approval of the CMB for the applicant. The form states on 15 May 2011, indirect fire struck Building 5. [The applicant] conducted accountability while moving to the casualty collection point, assessing any injured Soldiers. [The applicant] performed medical care to an agent assigned to the unit who sustained injuries during evacuation of Building 5. b. DA Form 2823 dated 2 April 2013, from the applicant who states, in effect, on 15 May 2011, he was with Private First Class B____ in their room when they heard loud explosions and felt the building shake from an indirect fire attack on their building. He grabbed his radio and small first aid bag and started to get accountability of OST personnel and asked other leadership, as he saw them, if they knew whether anyone was injured. He accounted for Sergeant (SGT) H______ and Specialist (SPC)s R____, L_________, and E__________ in SGT H_____'s room and SPC H_______ in his own room. He told them to stay put until they figured out whether they needed to evacuate the building and he told SGT H_____ to monitor his radio. He worked his way down to the casualty collection point while clearing each floor for any possible wounded personnel. When he arrived at the TOC, he linked up with SGT G______, First Lieutenant W________, and Staff Sergeant L______ as they were receiving damage and other reports of the attack on the area. After the enemy attack was over, they proceeded to account for all personnel. c. DA Form 2823 dated 24 June 2011, from SSG G______ who states, in effect, the applicant was in his squad's sleeping quarters discussing mission After Action Reviews when he was engaged by the enemy during an indirect fire rocket attack which struck Building 5, approximately 70 meters from his location. After the explosion, the applicant sought cover then moved to the rally point with his aid bag. He conducted accountability for his squad members then checked with the remaining JCIU-I team if medical assistance was needed. After the barrage of enemy fire ceased, he went floor to floor of Building 5 to ensure there were no casualties. d. DA Form 2823 dated 5 April 2013, from Captain W________ who states, in effect, on 15 May 2011, the applicant was located inside the OST common area of Building 5 preparing his personal equipment when a rocket impacted the building. After impact, the applicant immediately began contacting members of his team and others in Troop C to determine accountability. Once he determined his Soldiers were safe, he reported the information to the TOC and asked if anyone needed medical assistance. e. Memorandum for Record dated 11 June 2011, verifying a SIGACT occurred on 15 May 2011, 1300 hours, one round of indirect fire received in the vicinity of ________. f. Building sketch showing SGT S_____'s, not the applicant's, location during the attack. g. Extract of Army Regulation 600-8-22, ERB, and mobilization orders pertaining to the applicant. 4. On 29 October 2021, the Chief, AHRC ADB disapproved the applicant's request for award of the CMB stating, "after a thorough review of the information provided, the forwarded recommendation for the CMB does not meet the statutory guidance outline in Army Regulation 600-8-22, paragraph 8-7a.(2) the CMB was intended to recognize medical personnel who were personally present and under fire while rendering medical care." 5. Army Regulation 600-8-22 states that, on or after 18 September 2001, medical personnel assigned or attached to or under operational control of any ground combat arms or combat aviation 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 CMB. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the Chief, U.S. Army Human Resources Command (AHRC) Awards and Decoration Branch (ADB) advisory opinion, the Board recognized the denial recommendation from the HRC Awards Branch. However, the Board determined, based on the evidence and witness statements from multiple Soldiers present during the event, the applicant met the criteria for award of the Combat Medical Badge. Evidence in the record show the applicant served as an Army medic noncommissioned officer (NCO) on a dedicated medical team and platform providing lifesaving care to patients under enemy fire. The Board agreed evidence supports awarding the Combat Medical Badge for performing duties under fire. Based on governing regulation the applicant met the criteria to be awarded the Combat Medical Badge. Therefore, the Board granted relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 to show award of the Combat Medical Badge (CMB) 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, United States 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 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 600-8-22 states that, on or after 18 September 2001, medical personnel assigned or attached to or under operational control of any ground combat arms or combat aviation 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 CMB. 3. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001078 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1