RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20060000647


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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 correction of his WD AGO Form 53-55 (Enlisted
Record and Report of Separation – Honorable Discharge) to show award of the
Bronze Star Medal and the Combat Medical Badge.

2.  The applicant does not provide an explanation.

3.  The applicant provides a WD AGO Form 108 (Request for Decoration and/or
Citation), dated 23 December 1945; a citation for the Bronze Star Medal;
and a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
24 December 1945.  The application submitted in this case is dated 4
January 2006.

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 enlisted on 1 July 1942 and entered active duty on 15
July 1942.  Item 30 (Military Occupational Specialty and No.) on his WD AGO
Form shows he was a surgical technician.  He served in the Asiatic-Pacific
Theater of Operations from 6 May 1944 through 26 November 1945 and was
honorably discharged on 24 December 1945.

5.  Item 6 (Organization) on the applicant’s WD AGO Form 53-55 shows he was
assigned to the 88th Chemical Mortar Battalion.  Item 32 (Battles and
Campaigns) on his WD AGO Form 53-55 shows he participated in three battles
and campaigns.  His WD AGO Form 53-55 shows the American Campaign Medal,
the Good Conduct Medal, the World War II Victory Medal, the Asiatic-Pacific
Campaign Medal, and the Philippine Liberation Ribbon as authorized awards.

6.  There are no orders for the Combat Medical Badge in the available
records.

7.  In support of his claim for award of the Combat Medical Badge, he
provided a WD AGO Form 108, dated 23 December 1945, which states he served
with the 305th Infantry Regiment of the 77th Infantry Division on Guarm,
Leyte, Keramo-Retoond Ie Shima, and Okinawa.  This form also states he saw
combat as a medic on all occasions.

8.  The applicant provided a citation for award of the Bronze Star Medal
which was awarded by Headquarters, 77th Infantry Division General Orders
Number 440, dated 17 November 1945.  The citation states, in pertinent
part, “For meritorious service in connection with military operations
against the enemy on Leyte, P.I., Ie Shima, R.I., and on Okinawa, R.I.,
from 5 December 1944 to
21 June 1945.  When a call was made to the Medical Detachment of the ***
Chemical Mortar Battalion for aid men to go with the line companies, [the
applicant’s name] promptly volunteered his services.  During these
campaigns he served as aid man in an outstanding manner.  [The applicant’s
name], as senior aid man, supervised all medical work in the company and by
his skill created a spirit of confidence among its members.  Under enemy
mortar and artillery fire [the applicant’s name] performed his duties with
consistent courage and efficiency.”

9.  Army Regulation 600-8-22 (Military Awards) provides the criteria for
award of the Combat Medical Badge.  It states, in pertinent part, that the
Combat Medical Badge was created by the War Department on 1 March 1945.
Its evolution stemmed from a requirement to recognize medical aidmen who
shared the same hazards and hardships of ground combat on a daily basis
with infantry Soldiers.  As with the Combat Infantryman Badge, the infantry
unit to which the medical personnel are assigned or attached must engage
the enemy in active ground combat.  The medical personnel must be
personally present and under fire to be eligible for award of the Combat
Medical Badge.

10.  Army Regulation 600-45 (Decorations), effective 13 October 1949,
provided in pertinent part, that 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.

11.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Bronze Star Medal.

12.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Bronze Star Medal.

2.  There are no orders for the Combat Medical Badge in the available
records.  However, the citation for the Bronze Star Medal states the
applicant served as an aid man under enemy mortar and artillery fire with
line companies in the Asiatic-Pacific Theater of Operations during the
period 5 December 1944 to 21 June 1945.  Therefore, there is sufficient
evidence on which to base award of the Combat Medical Badge in this case.

3.  Based on award of the Combat Medical Badge, the applicant is entitled
to a second award of the Bronze Star Medal.  Therefore, his WD AGO Form 53-
55 should be corrected to show the Bronze Star Medal with First Oak Leaf
Cluster.

4.  The applicant participated in three battles and campaigns during World
War II which entitles him to the Asiatic-Pacific Campaign Medal with three
bronze service stars.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 24 December 1945; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950 (3 years after the Board was established on 2
January 1947).  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.





BOARD VOTE:

MP_____  _MF____  __GP___  GRANT FULL 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:

      a.  awarding him the Combat Medical Badge; and

      b.  amending his WD AGO Form 53-55 to add the Combat Medical Badge
and to show that he was awarded the Bronze Star Medal with First Oak Leaf
Cluster and the Asiatic-Pacific Campaign Medal with three bronze service
stars.




                            __Margaret Patterson__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000647                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0113                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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