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ARMY | BCMR | CY2002 | 2002077024C070215
Original file (2002077024C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 February 2003
         DOCKET NUMBER: AR2002077024

         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. James E. Anderholm Member
Ms. Eloise C. Prendergast 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: As the legal representative of a retired service member, that her father be awarded the Combat Medical Badge.

APPLICANT STATES: In effect, that her father told the family he was awarded the Combat Medical Badge. However, they have searched his records but were unable to ascertain when this took place. She contends that she has provided pertinent information to show that her father served in combat and was a medical officer. In support of her application, she submits 24 enclosures listed in her letter of explanation, dated 8 July 2002.

EVIDENCE OF RECORD: The retired service member’s military records show:

The retired service member entered active duty on 10 January 1941. He served as a medical officer in the European Theater of Operations from 16 June 1944 through 31 October 1945 and was released from active duty on 30 March 1946 in the rank of major. The retired service member entered active duty again on
25 July 1950. He served as a medical officer in Korea from 21 April 1951 through 17 April 1952. The retired service member remained on active duty until he retired on 31 December 1973 in the rank of colonel.

The retired service member’s WD AGO Form 53-98 (Military Record and Report of Separation), which was authenticated in his own hand, does not show the Combat Medical Badge as an authorized award.

The retired service member’s DD Form 214 (Report of Separation from Active Duty), which was authenticated in his own hand, does not show the Combat Medical Badge as an authorized award.

There are no orders for the Combat Medical Badge in the retired service member’s service personnel records.

The retired service member’s Officer Qualification Card and his WD AGO Form 100 (Separation Qualification Record) show that he acted as the Chief of Medical Services for the 104th General Hospital, served as the Executive Officer of the 184th General Hospital and was the Chief of Medicine of the 22nd General Hospital and the 127th Station Hospital during his assignment in the European Theater of Operations.

The retired service member’s DA Form 66B (Officer Qualification Record) shows he was the Commanding Officer of the 64th Field Hospital during his assignment in Korea.

Army Regulation 600-8-22 (Military Awards) 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 and the soldier must have been personally present and under fire during such ground combat.

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 Board considered the applicant’s contention that her father told the family he was awarded the Combat Medical Badge. However, the evidence of record does not support that contention.

2. There are no orders for the Combat Medical Badge in the retired service member’s military records.

3. The governing awards regulation states 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 and the soldier must have been personally present and under fire during such ground combat.”

4. Evidence of record shows that the retired service member served as a medical officer assigned to various hospitals during his assignments in the European Theater of Operations and Korea.

5. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Combat Medical Badge in this case.

6. 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.

7. 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

FNE____ JEA_____ ECP_____ DENY APPLICATION



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




INDEX

CASE ID AR2002077024
SUFFIX
RECON
DATE BOARDED 20030206
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0113
2.
3.
4.
5.
6.


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