IN THE CASE OF: BOARD DATE: 17 January 2023 DOCKET NUMBER: AR20220007700 APPLICANT REQUESTS: * reconsideration of his previous request for award of the Meritorious Service Medal (MSM) and Soldier's Medal (SM) * a new issue, he requests reversal of the U.S. Army Human Resources Command decision to deny him award of the Combat Medical Badge (CMB) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement, 11 August 2022 * Medical Evaluation Board Proceedings, 7 pages, 14 May 1998 * Orders 194-0003, 13 July 1998 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 19 August 1998 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), 21 April 2015 * DA Form 2-1 (Personnel Qualification Record), page 1 * Title 32, U.S. Code (USC), section 578.70 (CMB) excerpt * Army Regulation (AR) 600-8-22 (Military Awards), paragraph 8-7 (CMB) * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), 9 February 2022 * VA Compensation and Pension (C&P) Examination, 14 March 2022 * VA Supplemental Claim Appeal, 19 April 2022 * VA Rating Decision, 20 April 2022 ? FACTS: 1. The applicant's request for award of the MSM and SM were previously considered by the Army Board for Correction of Military Records (ABCMR) in Docket Number on 29 October 2020. The Board denied his requested relief after determining the evidence presented did not demonstrate the existence of a probable error or injustice and that the overall merits of the case were insufficient as a basis for correction. 2. The applicant states, in effect: a. Under the provision of AR 600-8-22 and Title 32, USC, he is authorized the CMB for service in Korea on the demilitarized zone (DMZ). He served at Camp Casey, Korea, from 29 January 1992 to 26 January 1993. b. He submitted a request and subsequent appeal for award of the CMB to the Army Human Resources Command (AHRC) Awards and Decorations Branch which was denied. This is in violation of AR 600-8-22 and Title 32, U.S. Code. c. He asks that his previously submitted supporting documents be reviewed for reconsideration of the MSM and SM. 3. The applicant does not provide new evidence or new argument regarding his request for reconsideration for the award of the MSM and SM, therefore the Board will not address this portion of the request. a. AR 15-185 (ABCMR) states the Board will not reconsider a previous request unless the applicant provides new evidence or a new argument that was not in the records or considered at the time of the ABCMR's original decision. b. The applicant's request for award of the MSM and SM will not be further addressed in this record of proceedings. c. The Board will address the new portion of the applicant's request regarding award of the CMB. 4. The applicant enlisted in the Regular Army on 14 October 1987. He held military occupational specialty 91B (Medical Specialist). 5. DA Form 2-1, Item 5 (Oversea Service) shows he served in Korea from 27 January 1992 to 26 January 1993 and from 21 October 1995 to 18 October 1996. 6. On 19 October 1998, he was honorably discharged by reason of disability, severance pay. His DD Form 214 and subsequent DD Form 215 show he was awarded or authorized the following: * Army Achievement Medal (7th award) * Army Commendation Medal * Army Good Conduct Medal (3rd award) * National Defense Service Medal * Noncommissioned Officer's Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (2nd award) * Sharpshooter Badge 45 Pistol * Marksman Badge M16 Rifle * Expert Field Medical Badge * Korea Defense Service Medal 7. There is no documentation in the applicant's record to show he was recommended for or awarded the CMB. 8. The applicant provides excerpts from Title 32, USC, section 578.70, and AR 600-8-22 in reference to award of the CMB. 9. He provides a VA Form 21-4138, dated 9 February 2022, wherein he states, in effect, while assigned to the 2nd Infantry Division, Camp Casey, Korea, in August 1992, he was performing emergency room (ER) duties at the camp dispensary near the DMZ. The Military Police brought a female Soldier into the ER. She was screaming loudly and complaining of pain in her abdomen. It was determined she was 14 weeks pregnant and in labor. The applicant assisted with the labor and delivery. The male infant was born breech. He had many body parts except for skin. After about a minute, the infant stopped breathing. The Chief Medical Officer ordered the applicant to cut away the placenta. The placenta and deceased infant were placed in a basin and prepared for transport. The female Soldier asked if she had a boy or a girl. The applicant told her the infant was a boy. The Medevac Team took the basin and female Soldier to the helicopter. The applicant cried after the incident. He tried not to remember it again, but the memory came back. He has post-traumatic stress disorder (PTSD). 10. He provides multiple documents from the VA to include his C&P Exam, Supplemental Claim Appeal and Rating Decision which shows he has a service- connected disability rating for PTSD. 11. Memoranda from the Awards and Decorations Branch, AHRC, dated 4 May 2021 and 24 May 2021, denied the applicant's request for the award of the CMB. AHRC was unable to verify the applicant's entitlement to the CMB based upon a review of the documents provided. AHRC stated, in accordance with AR 600-8-2, paragraph 8-7, the CMB is designed to recognize medical personnel, whose daily mission is to perform medical duties while assigned to a unit that is actively engaged in actual ground combat, provided they are personally present and under fire. The applicant provided medical care to a non-combatant during an event that was not during, or the cause of, an actual combat event. For this reason, he is not eligible to receive the CMB. 12. The CMB is not intended to recognize an individual for unit battle participation or deployment to a combat zone. The CMB is designed to recognize medical personnel, whose daily mission is to perform medical duties while assigned to a unit that is actively engaged in actual ground combat, provided they are personally present and under fire. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. By regulation, the CMB recognizes medical personnel, whose daily mission is to perform medical duties while assigned to a unit that is actively engaged in actual ground combat, provided they are personally present and under fire. The Board agreed with the U.S. Army Human Resources Command’s finding that the applicant provided medical care to a non-combatant during an event that was not during, or the cause of, an actual combat event. The Board determined he does not meet the criteria for award of the 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.1. 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, 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 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. Title 32, U.S. Code, section 578.70, provides the eligibility requirements for the CMB. a. Paragraph (a) states the CMB may be awarded to members of the Army Medical Department (colonels and below), assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after December 6, 1941. Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy. b. Paragraph (c) (5) states Korea on the DMZ (January 4, 1969 to March 31, 1994) is a qualifying period for authorization of the CMB. c. Paragraph (3) states for service in Korea on the DMZ, Army Veterans and Servicemembers who served in Korea on or after July 28, 1953 and meet the criteria for award of the CMB outlined in paragraph (a) may submit an application for award of the CMB.3. Army Regulation 600-8-22, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 8-7 provides the requirements for award of the CMB. a. The CMB 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 CMB to all medical personnel who serve in a combat zone or imminent danger area. b. The CMB was intended to recognize medical personnel who were personally present and under fire while rendering medical care. c. The CMB is authorized for Army Veterans and Servicemembers who served in Korea on or after 28 July 1953, provided they meet the criteria listed in paragraph 8-7c which states (1) Effective 19 December 1989, SF personnel possessing MOS 18D (SF medical sergeant) who satisfactorily perform medical duties while assigned or attached to a SF unit during any period the unit is engaged in active ground combat, provided they are personally present and under fire. (2) Effective 16 January 1991, medical personnel assigned or attached to armor and ground cavalry units of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire. (3) Effective 11 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 actual ground combat, provided they are personally present and under fire. 4. Army Regulation 15-185 sets forth procedures for processing requests for corrections to military records, including requests for the reconsideration of previous Board decisions. This regulation allows an applicant to request reconsideration of an earlier ABCMR decision, provided new evidence or a new argument exists that was not in the records or considered at the time of the ABCMR's original decision. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007700 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1