RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060007786


      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:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 that he was a surgical technician attached to the
275th Engineer Combat Battalion during World War II.

3.  The applicant provides a letter, dated 15 March 2006, from the Oregon
Department of Veterans Affairs pertaining to the eligibility criteria for
the Combat Medical Badge; and a copy of his WD AGO Form 53-55 (Enlisted
Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 February 1946.  The application submitted in this case is
dated 17 May 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 was inducted on 19 March 1943 and entered active duty on
27 March 1943.  Item 30 (Military Occupational Specialty and No.) on his WD
AGO Form shows he was a surgical technician.  He served in the European
Theater of Operations from 23 November 1944 through 1 February 1946 and was
honorably discharged on 13 February 1946.

5.  Item 6 (Organization) on the applicant’s WD AGO Form 53-55 shows he was
assigned to the 275th Engineer Combat 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 Meritorious Unit Commendation, and the World
War II Victory Medal as authorized awards.

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

7.  The applicant’s War Department Form 372A (Final Payment – Work Sheet)
does not show that he received medical badge pay.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II.  This document shows the applicant's unit received
occupation credit for Germany for the period 2 May 1945 to 4 July 1945.

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 600-8-22, in pertinent part, authorizes award of the
European-African-Middle Eastern Campaign Medal for qualifying service in
the European-African-Middle Eastern Theater of Operations for the period
7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also
authorizes a bronze service star, based on qualifying service, for each
campaign listed in Appendix B of this regulation or listed in item 32
(Battles and Campaigns) of the WD AGO Form 53-55.  The regulation states
that authorized bronze service stars will be worn on the appropriate
campaign or service medal including the European-African-Middle Eastern
Campaign Medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was assigned
to a medical unit which was organic to an infantry unit engaged in active
ground combat as required for award of the Combat Medical Badge during
World War II. His pay records do not show that he received medical badge
pay.  Regrettably, there is insufficient evidence on which to base award of
the Combat Medical Badge in this case.

2.  The applicant participated in three battles and campaigns in the
European Theater of Operations during World War II which entitles him to
the European-African-Middle Eastern Campaign Medal with three bronze
service stars.

3.  The applicant's unit received occupation credit for Germany which
entitles him to award of the Army of Occupation Medal with Germany Clasp.


4.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant’s records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 13 February 1946; 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 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

WC____  __AM____  __DL____  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.

3.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the European-African-
Middle Eastern Campaign Medal with three bronze service stars and the Army
of Occupation Medal with Germany Clasp.






                                  __William Crain_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007786                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0113                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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