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Decision Text

ARMY | BCMR | CY1996 | 9605745C070209
Original file (9605745C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That his military records be corrected to reflect that he was awarded the Combat Medical Badge (CMB) and the Bronze Star Medal (BSM).

APPLICANT STATES:  He served as a medical corpsman in the Southwest Pacific in World War II and was wounded by enemy fire while performing his duty and was awarded the Purple Heart.  He contends that a fellow corpsman in the same unit was awarded the CMB and the BSM and since their circumstances were similar, he too should receive these awards.  In support of his request, he provides a statement from the other former service member and a copy of that member’s CMB and BSM orders.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records.

He entered active duty on 13 January 1941 and served 2 years 11 months and 1 day in the Asiatic-Pacific Theater of Operations.  He was honorably discharged on 4 August 1945.  His WD AGO Form 53-55, Enlisted Record and Report of Separation, shows his military occupational specialty as 861-Surgical Technician.

The available records contain no evidence to indicate that he was recommended for or awarded either the CMB or the BSM. 

Army Regulation 600-8-22, Military Awards, provides that medical personnel, 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, are eligible for award of the CMB, provided they are personally present during such ground combat.

The same regulation provides that the BSM may be awarded to each member of the Armed Forces of the US who, after 6 December 1941 has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947.  For this purpose an award of the Combat Infantryman Badge or the CMB is considered as a citation in orders.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The processing of this case has been severely hampered by the substantial passage of time since the events in question occurred and the applicant’s request for redress.

2.  Medical personnel who performed medical duty while assigned or attached to and infantry unit during actual combat with the enemy are eligible for the CMB.  The applicant’s records do not show that he served in such a status, therefore, he is not authorized the CMB.  And, since he is not authorized the CMB, he is also not eligible for the BSM under the criterion cited in the awards regulation above.

3.  Despite the fact that another soldier in the same unit performing similar duties received the CMB and the BSM, it is not possible at this late date to determine that the applicant should receive the same awards.  Notwithstanding that he was awarded the Purple Heart, there are too many variables, too much time has transpired and the available documentation too scarce for the Board to grant the awards the applicant requests.

4.  In view of the foregoing, there appears to be no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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