RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 May 2005
      DOCKET NUMBER:  AR20040005758


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Combat Medical Badge
(CMB) and Bronze Star Medal (BSM).

2.  The applicant states, in effect, that he believes he is eligible for
the CMB based on his World War II service as a medical technician.  He
claims that he served in the battle of the Philippines and Okinawa, which
can be verified on his separation document (WD AGO Form 53-55).  He further
states that he should also be entitled to the BSM based on his eligibility
for the CMB.

3.  The applicant provides his separation document and an autobiography of
his service in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 12 March 1946.  The application submitted in this case is
dated
11 August 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center (NPRC) in 1973.  It is believed
that the applicant’s records were lost or destroyed in that fire.  However,
there were sufficient documents remaining in a reconstructed record for the
Board to conduct a fair and impartial review of this case.  This case is
being considered using reconstructed records, which primarily consist of
the applicant’s WD AGO Form 53-55, Separation Qualification Record (WD AGO
Form 100), Final Payment Work Sheet (WD Form 372A) and the documents
provided by the applicant.

4.  The applicant’s WD AGO Form 53-55) confirms he was inducted into the
Army and entered active duty on 20 January 1944.  It also shows he held the
military occupational specialty (MOS) 409 (Medical Technician) and that he
was assigned to the 71st Medical Battalion, 394th Clearing Company.

5.  The applicant’s separation document also shows that he served in the
Pacific Theater of Operations (PTO) from 16 August 1944 through 20
September 1945 and that he participated in the Southern Philippines
Liberation and Ryukyus campaigns of World War II.  It further shows that
during his active duty tenure, he earned the following awards:  Asiatic-
Pacific Campaign Medal with bronze arrowhead, Meritorious Unit Award and
Philippine Liberation Medal with 2 bronze service stars.

6.  The applicant’s NPRC file contains a copy of a WD AGO Form 100.  This
document was prepared on the applicant during his separation processing
based on the existing record in conjunction with a personal interview with
the applicant.  This record shows the applicant served as a medical
technician for 21 months.  It also confirms that he assisted medical
officers in the care and treatment of the sick, injured and wounded.  That
he administered medication according to doctor’s orders and that he was in
charge of a hospital ward and supervised the work of three hospital
orderlies.

7.  The NPRC file also contains a copy of the applicant’s final payment
worksheet.  This document confirms that at the time of his separation he
was not receiving medical badge pay.

8.  The applicant provides his self-authored statement outlined his war
experiences.  In this statement, he confirms he was assigned to the 394th
Clearing Company, which was assigned to stay right behind the front lines
in order to get and treat casualties.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual military
awards.  Paragraph 313 contains guidance on award of the BSM.  It states,
in pertinent part, that it is awarded to members who, after 6 December
1941, were 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 other
wise confirmed by documents executed prior to 1 July 1947.  If further
states that for this purpose, award of the Combat Infantryman Badge (CIB)
or CMB is considered as a citation in orders.

10.  Chapter 8 of the awards regulation contains guidance on award of
badges.  Paragraph 8-7 contains the policy on award of the CMB.  It states
that it was created by the War Department on 1 March 1945.  It could be
awarded to officers, warrant officers, and enlisted men of the Medical
Department assigned or attached to the medical detachment of infantry
regiments, infantry battalions, and elements thereof designated as infantry
in tables of organization or tables of organization and equipment.  Its
evolution stemmed from a requirement to recognize medical corpsmen (Medics)
who shared the same hazards and hardships of ground combat on a daily basis
with the infantry soldier.  Though established almost a year and a half
after the CIB, it could be awarded retroactively to 7 December 1941 to
fully qualified personnel.  Like the CIB, the Regimental Commander was the
lowest level at which the CMB could be approved and it also carried with it
a separate provision for enlisted badge holders to receive a $10 per month
pay stipend.

11.  Paragraph 8-7 of the awards regulation provides the basic criteria for
award of the CMB.  It states, in pertinent part, that it is authorized for
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, provided they are personally present and under fire during such
ground combat:

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement and the supporting evidence he
provided were carefully considered.  However, by regulation, there are
three basic requirements for the CMB.  A member must be assigned 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, provided they are personally present and under fire during
such ground combat:

2.  The evidence of record in this case confirms the applicant was assigned
to a clearing company that was part of a medical battalion and that he
performed hospital type functions, rather than acting as a medic for an
infantry unit.  This is confirmed by entries on his WD AGO Form 100, and
the absence of any authorization for medical pay on his WD Form 372A.  As a
result, the regulatory burden of proof necessary to support award of the
CMB has not been satisfied.  Further, given he is not eligible for the CMB,
he is also not entitled to the BSM that would be authorized based on the
CMB entitlement.
3.  The applicant should have discovered the alleged error or injustice now
under consideration on 12 March 1946, the date of his discharge.  Thus,
based on the date the Board was established, 2 January 1947, the time for
him to file
a request for correction of any error or injustice expired on 1 January
1950.  However, he failed to file within the 3-year statute of limitations
and has not provided a compelling explanation or evidence to show that it
would be in the interest of justice to excuse his failure to file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___LDS _  ___MJF__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____Fred Eichorn________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040005758                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/03/12                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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