RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050005339


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. 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:

      a.  correction of item 30 (Military Occupational Specialty and Number
[MOS]), of his WD AGO Form 53-55 (Enlisted Record and Report of
Separation), to show the entry "Medical Technician 409" instead of the
entry "Dental Technician 855", and;

      b.  award of the Combat Medical Badge (CMB).

2.  The applicant states, in effect, that the entry "Dental Technician 855"
should be deleted from item 30 of his WD AGO Form 53-55 and that he never
attended any school for dental technician nor had he attended any classes
for dental technician.  He also stated that he is listed as a "dental
technician 855" which makes him ineligible for award of the CMB.

3.  The applicant provides a copy of his WD AGO Form 53-55, a copy of his
course completion certificate for surgical technicians, and a copy of his
course completion certificate for psychiatric technician, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 July 1945, the date of his discharge.  The application
submitted in this case is dated 24 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 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Records available to the Board were
obtained from alternate sources and show that he enlisted in the Army
National Guard on 12 June 1940 and entered active duty (AD) on 6 January
1941.  He was assigned to the Headquarters (Hqs) Troop (Tr) 102nd Cavalry
Group.  He served in the European Theater of Operations (ETO) from
24 September 1942 to 29 May 1945.  He was honorably separated on 20 July
1945.
4.  His WD AGO Form 53-55 shows that he was awarded the European-African-
Middle Eastern Service Medal with three bronze service stars with one
bronze arrowhead device and the American Defense Service Medal.  His
discharge document does not show the Combat Medical Badge as an authorized
award.

5.  Item 4 (Arm of Service), of the applicant's WD AGO Form 53-55, shows
that the applicant served as a cavalry Soldier.

6.  Item 30, of the applicant's WD AGO Form 53-55, show that the applicant
held the MOS 855, Dental Technician, while he served on AD.

7.  The applicant's WD AGO Form 100 (Separation Qualification Record) shows
that the applicant completed the surgical technician course which was 12
weeks in duration.  It also shows his principal duty as a medical
technician, in MOS 409, and that he served as a medical technician for a
period of 3 years and        3 months.  It further shows that he served as
a dental and veterinary technician.
This document further shows that he was a medical technician with a
reconnaissance cavalry unit, gave first aid, administered morphine.  He
also assisted the dental officer in treating the wounded and doing dental
work.

8.  There is no indication in the applicant’s personnel records which shows
he was awarded the Combat Medical Badge.

9.  The applicant provides a copy of a course completion certificate which
shows that he satisfactorily completed the surgical technician's course at
Fitzsimons General Hospital, Denver, Colorado, on 26 September 1941.

10.  The applicant also provides a copy of a course completion certificate
which showing that he completed a one year course of study at the New
Jersey State Hospital, in Greystone Park for psychiatric technician on
31 March 1948, after his release from AD.

11.  Technical Manual 12-235, in effect at the time of the applicant's
separation, which provided policy and guidance in the preparation of
separation forms and documents, states that, in Item 30, MOS will be the
same as the MOS entered on the WD AGO Form 100, if executed, otherwise from
the WD AGO Form 20, the number will follow the title.






12.  Army Regulation 600-8-22 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.

13.  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.  This provision did not go into effect until
10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations)
was published.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

15.  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 for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he never attended any school or classes for
dental technician and that the entry "Dental Technician 855" should be
deleted from item 30 of his WD AGO Form 53-55.  There is no evidence in the
available records to show that he attended any school or classes for
"Dental Technician 855."
2.  The evidence of record shows that the applicant was a cavalry Soldier
who performed the duties of medical technician, dental technician, and
veterinary technician while serving in the ETO during World War II.  He
assisted the dental officer in treating the wounded and doing dental work.
While the applicant may have been performing dental technician duties, the
evidence clearly shows that he completed the surgical technician course,
which was 12 weeks in duration, and served as a medical technician in MOS
409 for a period of 3 years and 3 months during World War II.

3.  The applicant is seeking award of the CMB; however, being listed as a
"dental technician 855' made him ineligible for this award.  There is no
evidence to show that he was awarded the CMB for satisfactory performance
of duty under actual combat conditions during World War II.  There also is
no evidence in the available records, and the applicant has provided none,
to show that he met the cited criteria for award of the CMB.  Therefore, he
is not entitled to award of the CMB.

4.  The evidence provided by the applicant, in this case, and equity
consideration are sufficient to correct his records.  Therefore, he is
entitled to correction of item 30 (Military Occupational Specialty No) of
his WD AGO Form 53-55 to show the entry "Medical Technician 409" instead of
the entry "Dental Technician 855."

5.  The applicant served on active duty during the qualifying period for
award of the World War II Victory Medal and the American Campaign Medal.
Therefore, he is entitled to correction of his records to show these
awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS____  _PM____  __LJO___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.   by showing the entry "Medical Technician 409" in item 30, of his
WD AGO Form 53-55; and

      b.  by showing that he was awarded the World War II Victory Medal,
the American Campaign Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Medical Badge.




                            ______John Slone____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005339                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19450720                                |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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