RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050002435


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Mr. Patrick McGann                |     |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 award of the Combat Medical Badge.

2.  The applicant states he was a member of D Company, 304th Medical
Battalion, which was part of the 79th Infantry Division.  He states he was
shot at, carried a carbine while on guard duty, and was issued a Red Cross
Medical Card to show he was protecting the sick and wounded.  He states
that just before the war ended he was assigned to the headquarters
detachment as the battalion orderly but believes he was a combat medic and
would appreciate being awarded the Combat Medical Badge.

3.  The applicant provides a copy of his separation document, a copy of the
Red Cross Identification Card, a photograph of a collage of his awards and
uniform items, and an undated copy of what appears to be a history of the
304th Medical Battalion and its movements during World War II which the
author describes as a "play-by-play description of the outfit since its
first day in Europe."  The document also relates information regarding the
activities of the "Clearing Station" of which the applicant was identified
as a member.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 December 1945.  The application submitted in this case
is dated
28 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.  Information available to the Board indicates the applicant entered
active duty on 9 December 1942 and arrived in the European Theater of
Operations in April 1944.  According to his separation document, when he
departed Europe in November 1945 he was performing duties as a postal clerk
with Company D, 304th Medical Battalion.  The undated unit history notes
that Company D was a Clearing Station.

5.  On 18 December 1945 the applicant was honorably discharged.  His
separation document does not indicate entitlement to the Combat Medical
Badge.  His final payment voucher does not indicate receipt of the
additional $10.00 per month which holders of the Combat Medical Badge were
entitled during World War II commencing in the summer of 1945.

6.  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.

7.  Additionally, on 6 July 1945 Public Law 137, provided that World War II
holders of the Combat Medical Badge received a monthly pay supplement known
as Medical Badge Pay.  Therefore, Soldiers had economic as well as
intangible reasons to ensure that their records were correct.  Thus, pay
records are frequently the best available source to verify entitlement to
this award.

8.  During World War II Medical Battalions were components of divisions or
larger units.  The Medical Battalions were charged with the clearing of
casualties from the Aid Stations and their successive evacuation to
Collection Stations and Clearing Stations from which those who required
further care were moved by ambulance, train, or plan, as necessary to
hospitals where definitive treatment could be administered.  A Medical
Battalion generally consisted of one headquarters detachment, three
collection companies and one clearing company.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence does confirm that the applicant was assigned to a
Medical Battalion during World War II there is no evidence that he was
assigned or attached to a medical unit of company or smaller size that was
organic to an infantry unit of brigade, regimental or smaller size which
engaged in active ground combat or that he performed medical duties in that
capacity.

2.  The absence of receipt of medical badge pay on his final payment
voucher and the unit history which denotes he was a member of a Clearing
Station further confirms that he did not meet eligibility requirements for
award of the Combat Medical Badge.  The fact that he may have performed
medical duties in a combat theater or been exposed to enemy fire is not
evidence of entitlement to the Combat Medical Badge.

3.  Regrettably, in the absence of more compelling evidence that the
applicant met the stringent requirements for award of the Combat Medical
Badge the Board cannot grant the relief requested.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

5.  Records show the applicant should have discovered the alleged 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.  As a result, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  However,
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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JH____  __TO ___  __PM ___  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.




                                  ______ James Hise_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002435                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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