RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050002393


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry Olson                   |     |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, that his WD AGO Form 53-55 (Enlisted
Record and Report of Separation - Honorable Discharge) with date of
separation of 18 December 1945, be corrected to show awards of the Combat
Medical Badge and the Bronze Star Medal.

2.  The applicant states that his WD AGO Form 53-55 does not currently
reflect these awards.

3.  The applicant provides a copy of a letter from National Personnel
Records Center, Military Personnel Records, dated 30 December 2003, and a
copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 December 1945, the date of his separation.  The application
submitted in this case is dated 10 January 2005.

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 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.

4.  The applicant's WD AGO Form 53-55 shows that he was inducted into the
Army on 24 November 1942 and held military occupational specialty 861
(Surgical Technician).  This form also shows that he served in a Medical
Detachment with the 601st Anti Aircraft Artillery Gun Battalion.  The
applicant was honorably separated on 18 December 1945.
5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-
55 does not show award of the Combat Medical Badge or the Bronze Star
Medal.

6.  The applicant’s records contain a copy of a WD AGO Form 100 (Separation
Qualification Record).  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 surgical technician for 30 months.  It also confirms that he
performed various nonprofessional surgical and medical duties in rendering
surgical and medical treatment to patients while working in both field and
combat aid stations.

7.  The applicant's records also contain a copy of the applicant’s War
Department Form 372A (Final Payment – Work Sheet).  This document confirms
that, at the time of his separation, he was not receiving medical badge
pay.

8.  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.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the
Bronze Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is authorized for each individual who was cited in orders or awarded
a certificate for exemplary conduct in ground combat between 7 December
1941 and 2 September 1945 or whose achievement or service, during that
period, was confirmed by documents executed prior to 1 July 1947.  An award
of the Combat Infantryman Badge or the Combat Medical Badge is considered
to be a citation in orders.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.

10.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his WD AGO Form 53-55.

11.  Item 32 (Battle and Campaigns) of the applicant's WD AGO Form 53-55
shows he participated in the following campaigns:  Normandy, Northern
France, Po Valley, Ground Combat Britain, and Rhineland.  Item 33
(Decorations and Citations) shows that he was awarded the European-African-
Middle Eastern Theater Campaign Ribbon (currently known as the European-
African-Middle Eastern Campaign Medal).

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  A silver service star
is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his separation document should be corrected
to show award of the Combat Medical Badge and the Bronze Star Medal.

2.  Evidence shows the applicant served in a medical military occupational
specialty during World War II; however, there is no evidence that suggests
he was assigned or attached to a qualifying infantry unit of brigade,
regimental, or smaller size, or that his medical detachment was organic to
a qualifying infantry unit.  As a result, the evidence in this case fails
to confirm the applicant was eligible to receive the Combat Medical Badge.


3.  Further, given he is not eligible for the Combat Medical Badge, he is
also not entitled to the Bronze Star Medal that would be authorized based
on award of the Combat Medical Badge.

4.  Evidence of record shows the applicant was credited for five campaigns
during his service in World War II.  However, he never received any bronze
service stars to recognize these campaigns.  Therefore, he is entitled to
correction to show one silver service star affixed to his European-African-
Middle Eastern Campaign Medal.

5.  Records show the applicant should have discovered the error or
injustice now under consideration on 18 December 1945, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  The
applicant did not 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 the failure to timely file.

6.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jm___  ___wdp__  __lo ____  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 to show award of
the Combat Medical Badge or the Bronze Star Medal.

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.

3.  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 one silver service star to be affixed to his already
awarded European-African-Middle Eastern Campaign Medal.





                            _____William D. Powers ___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002393                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/09/08                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY w/Admin correction                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  60   |107.0014/BSM                            |
|2.  159                 |107.0113/CMB                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]