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ARMY | BCMR | CY2001 | 2001058993C070421
Original file (2001058993C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 November 2001
         DOCKET NUMBER: AR2001058993

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Joyce A. Hall . Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Arthur A. Omartian Member
Mr. Curtis L. Greenway Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Award of the Combat Medical Badge (CMB)
w/1 bronze star.

APPLICANT STATES: In effect, that he believes he is deserving of the CMB
w/1 bronze star. His Military Record and Report of Separation Certificate of
Service (WD AGO Form 53-98) does not reflect all of his medals. The applicant submits in support of his application a copy his WD AGO Form 53-98 and a copy of his unit’s history.

EVIDENCE OF RECORD: The applicant’s military records were lost or destroyed in the National Personnel Center Fire in 1973. The information contained herein was obtained from reconstructed records.

The applicant was inducted and entered active service on 3 July 1943. He
served as an Anesthetist in the European Theater of Operations from 19 April 1944 to 30 December 1945.

On 12 March 1946, the applicant was honorably discharged. He completed
2 years, 8 months and 9 days of creditable active service. His WD AGO Form 53-98, shows that he was awarded the World War II Victory Ribbon (now known as the World War II Victory Medal), the Distinguished Unit Badge w/1 cluster (now known as the Presidential Unit Emblem w/1 bronze oak leaf cluster), the European-African-Middle Eastern Theater Ribbon w/ 6 bronze service stars (now known as the European-African-Middle Eastern Campaign Medal w/1 bronze service star and w/1 silver service star) and the Lapel Button (now known as the Honorable Service Lapel Button WWII). It does not show the Combat Medical Badge as an authorized award.

The applicant provided a copy of his WD AGO Form 53-98, it shows that he served with the 59th Field Hospital as an Anesthetist.

There are no orders in the available records, which show that the applicant was awarded the Combat Medical Badge.

Army Regulation 600-8-22 provides, in pertinent part, that 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 brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.




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. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The Board noted the applicant’s contention that he is entitled to the CMB. There is no evidence in the available record nor is there any evidence in the information that the applicant provided to support his entitlement to the award of the CMB. Also there is no evidence, which shows that the applicant was assigned to a medic unit, which was organic to an infantry unit as required for award of the CMB during World War II.

3. The CMB award was established to recognize medical aidmen who share the same hazards and hardships of ground combat on a daily basis with the infantry soldier. Therefore the applicant did not meet the criteria for the award of the CMB.

4. The applicant also contended that his WD AGO Form 53-98, does not reflect all of his awards. His WD AGO Form 53-98, lists the awards that he was entitled to at the time of his discharge.

5. In view of the foregoing, there is 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

__wtm___ __aao___ __clg___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001058993
SUFFIX
RECON
DATE BOARDED 20011101
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.0300
2.
3.
4.
5.
6.


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