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ARMY | BCMR | CY2002 | 2002071171C070402
Original file (2002071171C070402.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR20020071171

         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
Ms. Joyce A. Hall Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Ms. Margaret V. Thompson Member
Mr. Richard T. Dunbar 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: In effect, to correct his official military personnel service record to reflect the award of the Combat Medical Badge (CMB).

APPLICANT STATES: In effect, that he believes he qualifies for the CMB.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the Regular Army on 11 January 1963 for 3 years. He completed basic combat training and advanced individual training at a unit located at Fort Dix, NJ. He was reassigned to a unit located at Fort Benning, GA, for basic airborne training. After completion of airborne training he was reassigned to the 2nd Airborne Brigade, 501st Infantry, Fort Bragg, NC. On or about 11 May 1964, he departed for Fort Sam Houston, TX, for training as a medical corpsman. On 20 July 1964, he was awarded military occupational specialty 91A10 (medical corpsman).

The applicant’s Enlisted Qualification Record, DA Form 20, item 31 (Foreign Service) shows that he served in the Dominican Republic on temporary duty from 29 April to 3 May 1965.

On 12 January 1966, the applicant was released from active duty and transferred to the U. S. Army Reserve. He completed 3 years of creditable active service. His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) item 26 (Decorations, Medals, Badges, etc.) does not show the CMB as an authorized award.

There are no orders in the available records which show that the applicant was awarded the CMB.

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. The Combat Medical Badge was established to recognize medical aidmen who share the same hazards and hardships of ground combat on a daily basis with the infantry soldier. The CMB was authorized for qualified soldiers who served in the Dominican Republic
from 28 April 1965 to 1 September 1966.





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 has the applicant provided any evidence to support his contention he is entitled to award of the CMB. Also, there is no evidence which shows that he was assigned to a medical unit which was organic to an infantry unit as required for award of the CMB. Therefore, there is no evidence to show he met the criteria for the award of the CMB.

3. 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

__JHL__ __MVT__ ___RTD__ DENY APPLICATION



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




INDEX

CASE ID AR2002071171
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/10/17
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0113
2.
3.
4.
5.
6.



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