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ARMY | BCMR | CY2003 | 2003086604C070212
Original file (2003086604C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2003086604

         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Curtis L. Greenway Member
Mr. Ronald J. Weaver 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, that he be awarded the Combat Medical Badge (CMB) and that his records be corrected to reflect all of his authorized awards.

APPLICANT STATES: In effect, that he served as a medical technician in Korea and should have been awarded the CMB. Additionally, he was issued additional awards that are not included on his report of separation (DD Form 214).

EVIDENCE OF RECORD: The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri. However, the information obtained from the limited reconstructed records show:

He enlisted in Philadelphia, Pennsylvania, on 24 November 1950. He served 1 year, 8 months and 14 days of foreign service and was honorably discharged at Fort Indiantown Gap, Pennsylvania, on 12 May 1953. His DD Form 214 shows that he had served 2 years, 5 months and 19 days of total active service and was awarded the Korean Service Medal (KSM) with four bronze service stars and the United Nations Service Medal. He reenlisted the next day (13 May 1953) and it appears that he went back to Korea and served 9 months and 8 days before he was returned to Fort Meade, Maryland, where he was honorably discharged in the rank of corporal on 30 April 1954, at the convenience of the government. He had served a total of 3 years, 5 months and 7 days of total active service and his DD Form 214 shows that he was awarded the KSM with one bronze service star.

His DD Form 214 also shows that he served as a medical technician and that he served with the 132nd Medical Detachment.

On 26 June 1992, the Army Reserve Personnel Center in St. Louis, Missouri, authorized him awards of the Good Conduct Medal (GCMDL), the National Defense Service Medal (NDSM) and the Republic of Korea Presidential Unit Citation (ROKPUC). However, there is no indication that those awards were ever added to his DD Form 214.

A review of the available records fails to show that the applicant was ever awarded the CMB or that he was ever assigned to an infantry unit as an aidman (medic).

Army Regulation 600-8-22 provides the criteria for award of the CMB. It states, in pertinent part, that the CMB was created by the War Department on 1 March 1945. Its evolution stemmed from a requirement to recognize medical aidmen who shared the same hazards and hardships of ground combat on a daily basis with infantry soldiers. As with the CIB, the infantry unit to which the medical personnel are assigned or attached must engage the enemy in active ground combat. The medical personnel must be personally present and under fire to be eligible for award of the CMB.

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. While the evidence of record substantiates that the applicant served in Korea as a medical technician, it does not show that he served as a medic in an infantry unit that engaged the enemy in combat. Accordingly, absent evidence to the contrary, the Board finds no basis to award him the CMB at this time.

2. However, the available evidence shows that he was awarded the GCMDL, the NDSM and the award of the ROKPUC that were never added to his DD Form 214.

3. Inasmuch as the addition of the missing awards are administrative in nature, the Army Review Boards Agency - St. Louis will be requested to add those awards to his DD Form 214.

4. 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.

NOTE: The Army Review Boards Agency (ARBA), St Louis will be requested to furnish the applicant a DD Form 215 to reflect the addition of his awards of the GCMDL, NDSM and the ROKPUC.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___ls____ __rw____ __clg____ DENY APPLICATION



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




INDEX

CASE ID AR2003086604
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/08/05
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 159 107.0113/CMB
2.
3.
4.
5.
6.


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