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ARMY | BCMR | CY2004 | 2004103883C070208
Original file (2004103883C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         DECEMBER 14, 2004
      DOCKET NUMBER:  AR2004103883


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Diane J. Armstrong            |     |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, that the Bronze Star Medal and the Combat
Medical Badge be included on his Enlisted Record and Report of Separation
(WD AGO Form 53-55).

2.  The applicant states that the Bronze Star Medal and the Combat Medical
Badge were erroneously omitted from his WD AGO Form 53-55.

3.  The applicant provides in support of his application a copy of a
recommendation for the award of the Bronze Star Medal from the commanding
officer of the 63rd Portable Surgical Hospital and Special Orders Number
311 releasing him from his assignment with the 5th Evacuation Hospital and
attaching him to the Disposition Center to await further orders to proceed
to the United States for readjustment.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records.

2.  The applicant requested correction of his records, in part, to show
award of the Bronze Star Medal.  There are no orders in the available
record authorizing award of this decoration to the applicant.  In the
absence of a proper authority for this decoration, the applicant may
request award of the Bronze Star Medal under the provisions of Section 1130
of Title 10, United States Code.  The applicant has been notified by
separate correspondence of the procedures for applying for this decoration
under Section 1130 and, as a result, it will not be discussed further in
this Record of Proceedings.

3.  He was inducted into the Army on 15 March 1943 and he successfully
completed his training as a surgical technician.

4.  He was honorably discharged on 22 January 1946, for the Convenience of
the Government.  He had completed 2 years, 10 months and 8 days of total
active service.

5.  The WD AGO Form 53-55 that he was furnished at the time of his
discharge shows that he was award the World War II Victory Medal; the
American Campaign Medal; the Asiatic-Pacific Campaign Medal w/two bronze
service stars; the Philippine Liberation Ribbon w/one bronze service star;
the Army Good Conduct Medal; and the Army Lapel Button.

6.  His WD AGO Form 53-55 also shows that at the time of his discharge from
the Army, he was assigned to the 63rd Portable Surgical Hospital and that
he served in the New Guinea and Luzon campaigns.

7.  The available records fail to show the applicant’s entitlement to be
awarded the Combat Medical Badge.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Medical Badge (CMB) 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.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the
Philippine Republic Presidential Unit Citation was awarded to certain units
of the Armed Forces of the United States in recognition of participation in
the war against the Japanese Empire during the periods 7 December 1941 and
10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive.  Not
more than one Philippine Republic Presidential Unit Citation will be worn
by an individual and no oak leaf cluster or other appurtenance is
authorized.  Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register) indicates that the 63rd Portable
Surgical Hospital was awarded the Philippine Republic Presidential Unit
Citation by Department of the Army General Order Number 47-50.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's claim for the
award of the Combat Medical Badge.  He was not assigned or attached to a
medical unit of company size or organic to an infantry unit and the
available records fail to show that he was ever engaged in active ground
combat.  Therefore, it appears that this award was properly omitted from
his DD Form 214.

2.  The applicant served within a time frame that qualifies him for the
award of the Philippine Republic Presidential Unit Citation.  Therefore, he
is entitled to have this award added to his DD Form 214.

3.  The applicant's units of assignment and dates of service with those
units during the World War II cannot be verified; therefore, it is not
possible to determine whether he is entitled to any additional unit awards
have been omitted.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the Board
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

dja _____  jlp   _____  le  ______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that he was awarded the Philippine Republic Presidential
Unit Citation.




                                  ___  _Jennifer L. Prater__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103883                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000.0000/DECORATIONS & AWARDS      |
|2.  60                  |107.0014.0000/BSM                       |
|3.  159                 |107.0113.0000/CMB                       |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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