RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 November 2005
      DOCKET NUMBER:  AR20050005168


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 for service in
the Asiatic Pacific Theater of Operations during World War II.

2.  The applicant states he was in combat as a medical aid man and earned
the award however, it was never listed on his separation document.

3.  The applicant provides copies of:

      a. Headquarters 37th Infantry Division General Orders Number 15 dated
26 March 1944, which announced award of the Purple Heart to the applicant
for wounds received in action against the enemy at Bougainville Island,
Solomon Islands, on 12 March 1944;

      b. Headquarters 37th Infantry Division General Orders Number 23 dated
18 April 1944, which announced award of the Purple Heart, First Oak Leaf
Cluster to the applicant for wounds received in action against the enemy at
Bougainville Island, Solomon Islands, on 24 March 1944;

      c. Headquarters 37th Infantry Division General Orders Number 151
dated 23 June 1944, which announced award of the Bronze Star Medal to the
applicant for heroic achievement in connection with military operations
against the enemy at New Georgia and Bougainville, Solomon Islands, from 27
July 1943 to 5 August 1943 and from 19 November 1943 to 30 March 1944.  The
citation in these orders contains the comment “Corporal (applicant) was
valuable in the administering of first aid and plasma.”  In addition, the
citation states “Corporal (applicant) on one occasion, crawled to within
range of an enemy pill box and carried a wounded man back to safety, and at
all times had the welfare of casualties foremost in his mind.”;

      d. his WD AGO Form 53-55 (Enlisted Record and Report of Separation-
Honorable Discharge);

      e. his WD AGO Form 100 (Separation Qualification Record), which
indicates the applicant possessed, and served in, military occupational
specialties 825 (Medical Supply NCO) and 072 (Physical Therapy Technician).
 This document also contains the comment “Because of extreme emergencies,
acted as front combat aid man in various combat zones”;
      f. his Honorable Discharge Certificate; and

      g. War Department Letter Order #232 dated 20 April 1945, which
announces award of the Medical Badge to the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 16 August 1945.  The application in this case, submitted
through a Member of Congress, is dated 11 March 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 limitation 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 (those provided by the applicant) remaining in a
reconstructed record for the Board to conduct a fair and impartial review
of this case.

4.  The available records show the applicant enlisted in the Regular Army
on 10 October 1940.  He served in the continental United States prior to
deploying to the Asiatic Pacific Theater of Operations, where he arrived on
12 June 1942 and served in the Northern Solomons campaign with the Medical
Detachment, 145th Infantry Regiment, 37th Infantry Division.  The applicant
returned to the United States on 20 November 1944 and was honorably
separated from the service on 16 August 1945.

5.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-
55 shows he is entitled to the following awards: the Bronze Star Medal; the
Purple Heart with 1st Oak Leaf Cluster; the Good Conduct Medal; the Asiatic
Pacific Campaign Medal with one bronze service star; and the American
Defense Service Medal.  No other awards or decorations are shown.

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Combat Medical Badge.  Originally established as the Medical Badge when it
was created by the War Department on 1 March 1945 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.  Army Regulation 600-8-22 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.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service includes permanent assignment outside the continental
United States, duty as a crewmember aboard a vessel sailing ocean waters
for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in World War II.  This document shows the unit, to which the
applicant was assigned, was cited for award of the Meritorious Unit
Commendation for the period 1 January to 14 March 1944 by Headquarters,
37th Infantry Division General Orders Number 157, dated 16 June 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant shows conclusively that he
served in a medical unit of company or smaller size that was organic to an
infantry unit of brigade, regimental or smaller size which was engaged in
active ground combat and that he was personally present and under fire
during such ground combat.  In addition, War Department Letter Orders show
the applicant was awarded the Combat Medical Badge, known at the time as
the Medical Badge.  Therefore, he is entitled to correction of his records
to show this combat badge.

2.  As a result of having been awarded the Combat Medical Badge during
World War II, the applicant is entitled to a second award of the Bronze
Star Medal.  Therefore, he is entitled to correction of his records to show
award of the Bronze star Medal, First Oak Leaf Cluster.

3.  The applicant’s WD AGO Form 53-55 shows he served in the continental
United States for an aggregate period of more than one year.  Therefore, he
is entitled to the American Campaign Medal, and correction of his records
to show this service medal.

4.  General Orders show the applicant is entitled to the Meritorious Unit
Commendation.  Therefore, he is entitled to correction of his records to
show this unit award.

BOARD VOTE:

___lmd __  ____mhm  ___sk___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of:

      a. the Combat Medical Badge;
      b. the Bronze Star Medal, First Oak Leaf Cluster;


      c. the American Campaign Medal; and


      d. the Meritorious Unit Commendation.




            _________Stanley Kelley__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005168                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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