RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         15 August 2006
      DOCKET NUMBER:  AR20060000844


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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, award of the Combat Medical Badge
(CMB).

2.  The applicant states, in effect, he believes he is entitled to the CMB
based on the care he gave his wounded comrades while serving in Korea.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 12 July 1954, the date of his separation from active duty.
 The application submitted in this case is dated
6 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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's separation document (DD Form 214).

4.  The applicant's DD Form 214 shows that he was inducted into the Army
and entered active duty on 2 October 1952.  It also shows he served in
Korea and was assigned to the Medical Detachment, 13th Engineer Battalion,
performing duties as a medical corpsman (MEDIC).

5.  Item 27 Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows that during his active duty tenure, he earned the following awards:
Korean Service Medal with 2 bronze service stars; United Nations Service
Medal; National Defense Service Medal; Meritorious Unit Citation; and Army
Good Conduct Medal.  The CMB is not included in the list of authorized
awards on the DD Form 214, and the applicant authenticated this document
with his signature on the date of his separation from active duty, which
was 12 July 1954.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Chapter 8 contains guidance on awarding combat badges.  Paragraph
8-7 contains guidance on award of the CMB.  It provides, in pertinent part,
that the CMB 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.  The awards regulation further states, in pertinent part, that the CMB
was created as a "companion" badge to the Combat Infantryman Badge (CIB)
with criteria for its award intended to parallel that of the CIB.  It was
designed to provide recognition to the field medic who accompanies the
infantryman into battle and shares with him the experiences unique to the
infantry in combat. There was never any intention to award the CMB to all
medical personnel who serve in a combat zone or imminent danger area, that
is, a division-level medical company supporting a maneuver brigade.

8.  Information supplied by the Center for Military History indicates that
although the medical company was frequently further attached to support
operations of corps and divisions only medical personnel in the organic
medical companies of the infantry regiments historically met the
requirements for qualifying service for the CMB.

9.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible veterans of the
Korean War.  To qualify for award of the KWSM, the veteran must have served
in Korea for 30 consecutive or 60 non-consecutive days between 25 June 1950
and 27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CMB was carefully
considered.  However, there is insufficient evidence to support his claim.
By regulation, the CMB is authorized to medical personnel 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.  This award is
designed to provide recognition to the field medic who accompanies the
infantryman into battle.  It was never intended that it be awarded to all
medical personnel who serve in a combat zone or imminent danger area.

2.  The evidence confirms the applicant was assigned to a medical
detachment of an engineer battalion, and there is no evidence indicating
that he was assigned to a qualifying infantry unit/regiment while serving
in Korea.  As a result, the regulatory criteria necessary to support award
of the CMB has not been satisfied in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration related to award of the CMB on 12 July
1954.   Therefore, the time for him to file a request for correction of any
error or injustice expired on 11 July 1957.  He failed to 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
failure to timely file in this case.

4.  The evidence does show that based on his service in Korea, the
applicant is entitled to the KWSM.  The omission of this award from his
record and separation document is an administrative matter that does not
require Board action.  Thus, the Case Management Support Division (CMSD),
St. Louis, Missouri, will correct the applicant's record 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

___SLP _  __RML __  __JGH __  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Combat Medical Badge.  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.

3.  The Board determined that there is an 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 his entitlement to the Korean War Service
Medal; and by providing him a correction to his separation document that
includes this change.




                                  _____Shirley L. Powell ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000844                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1954/07/12                              |
|DISCHARGE AUTHORITY     |AR 615-363                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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