RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060012315 


	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.


	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, that he be awarded the Combat Medical Badge.

2.  The applicant essentially states he was a Litter Bearer/Medic with the 5th Infantry Division from July 1944 to December 1944. 

3.  The applicant provides a continuation sheet to his application, his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), his Honorable Discharge Certificate, a citation from the 5th Infantry Division awarding him the Bronze Star Medal, and an extract from a 1998 edition of a veterans magazine concerning the Combat Medical Badge, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
3 December 1945, the date of his separation from active duty.  The application submitted in this case is dated 22 August 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the majority of the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining to conduct a fair and impartial review of this case.  
4.  The available records show that he was inducted into the Army of the United States on 14 May 1943 and entered active duty on 21 May 1943.  He departed the continental United States on 14 October 1943, and arrived in the European Theater of Operations on 18 October 1943.  He participated in the Ardennes-

Alsace, Central Europe, Normandy, Northern France, and Rhineland campaigns during World War II.  He departed the European Theater of Operations on 
18 November 1945 and returned to the continental United States on
28 November 1945.  On 3 December 1945, he was honorably released from active duty.  His WD AGO Form 53-55 shows that he was awarded the Bronze Star Medal, the Good Conduct Medal, the World War II Victory Medal, and the European-African-Middle Eastern Campaign Medal.

5.  The applicant’s WD AGO Form 53-55 shows, in pertinent part, that he served in military occupational specialty (MOS) 651 (Litter Bearer).  He also provided a certificate which shows that he was awarded the Bronze Star Medal while assigned to the 5th Medical Battalion for service in connection with military operations against the enemy of 27 July 1944 while serving as a Litter Bearer.  However, there is no evidence in his military records that shows that he was assigned or attached to 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.  Additionally, the applicant’s Final Payment Worksheet does not show that he was receiving Medical Badge Pay, which was paid to holders of the Combat Medical Badge during World War II.

6.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his WD AGO Form 53-55.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) identifies, in pertinent part, occupation credit for units during World War II.  It shows that at the time of the applicant’s assignment to the 818th Engineer Battalion, this unit was cited for occupation credit in Germany from 2 May 1945 to 31 October 1945.  However, the applicant’s 
WD AGO Form 53-55 does not show that he was awarded the Army of Occupation Medal with Germany Clasp. 

8.  Department of the Army Pamphlet 672-1 also lists the unit awards issued to units during World War II.  It shows that at the time of the applicant’s assignment to the 5th Medical Battalion, the unit was cited for award of the Meritorious Unit Commendation for the period 14 July 1944 to 20 October 1944 by Headquarters, 5th Infantry Division General Orders Number 2, dated 12 January 1945.

9.  The applicant’s WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Campaign Medal, but it does not show any 

bronze or silver service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) 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, and that a silver service star is worn in lieu of five bronze service stars.  Item 32 of the applicant’s WD AGO Form 53-55 shows that he participated in five campaigns in the European Theater of Operations during World War II.

10.  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 and the Soldier must have been personally present and under fire during such ground combat.  Information supplied by the Center for Military History also shows that although medical battalions and companies were 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 Combat Medical Badge.  Additionally, World War II holders of the Combat Medical Badge received a monthly pay supplement known as Medical Badge Pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.

11.  Army Regulation 600-8-22 also provides, in pertinent part, that the Army of Occupation Medal is awarded for service in Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955, and that service between 9 May 1945 and 
8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  It further states that Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Medical Badge.

2.  Although the applicant served as a Litter Bearer in World War II with the 5th Medical Battalion, there is no evidence that he was assigned or attached to 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. Although it is likely that his medical battalion 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 Combat Medical Badge.  Additionally, the applicant was not receiving Medical Badge Pay, as he would have been if he was a recipient of the Combat Medical Badge.  Regrettably, in view of the foregoing, there is no basis for awarding the Combat Medal Badge to the applicant in this case.

3.  The 818th Engineer Battalion was awarded occupation credit in Germany while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp, and correction of his military records to show this award.

4.  General orders awarded the Meritorious Unit Commendation to the 5th Medical Battalion while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation, and correction of his military records to show this unit award.

5.  The applicant participated in five campaigns in the European Theater of Operations during World War II.  Therefore, he is entitled to correction of his military records to show one silver service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

6.  Evidence shows that the applicant’s records contain administrative error which does 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.

7.  Records show the applicant should have discovered the alleged error now under consideration on 3 December 1945, the date of his separation from active duty. However, the ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  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

__PS ___  __DH ___  ___EM __  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 error 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 by:

a.  awarding him the Army of Occupation Medal with Germany Clasp and the Meritorious Unit Commendation; and

b.  showing one silver service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.




_______Paul Smith___________
          CHAIRPERSON




INDEX

CASE ID
AR20060012315
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070501
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH ADMIN NOTE
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0113.0000
2.
107.0067.0000 (w/Germany Clasp)
3.
107.0034.0000
4.
107.0065.0000 (add silver service star)
5.
110.0400.0000
6.