RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060012393 


	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 his military records be corrected to show the award of the Combat Medical Badge during World War II.

2.  The applicant essentially states that he was a Combat Aidman during World War II, and served with the 3rd Armored Division, the 28th Infantry Division, the 30th Infantry Division, and the 106th Infantry Division.  He also states, in effect, that his company clerk did not apply for his combat pay or Combat Medical Badge, and that his company clerk said that the divisions that he served with would do it.  He continued by stating that the divisions did not do the paperwork for him because he was not a part of their company.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), WD AGO Form 100 (Separation Qualification Record), and DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
5 December 1951, the date of his release from active duty.  The application submitted in this case is dated 20 July 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 18 August 1943, and entered active duty on 8 September 1943.  He served in the European Theater of Operations from 28 May 1944 to 
14 December 1945, and participated in five campaigns.  His WD AGO Form 
53-55 shows that his organization at the time of his release from active duty on 16 January 1946 was the 450th Medical Collecting Company.  On 26 September 1950, he reentered active duty, and served 1 year and 3 days of foreign and/or sea service, which included his participation in three campaigns in Korea during the Korean War.  On 5 December 1951, he was again released from active duty. Collectively, his two discharge documents show that he was awarded the Good Conduct Medal, the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal with Three Bronze Service Stars, the Combat Infantryman Badge, and the Distinguished Unit Citation, which was subsequently renamed the Presidential Unit Citation.

5.  The applicant’s WD AGO Form 100 shows, in pertinent part, that he served in military occupational specialty (MOS) 657 (Litter Bearer) for 18 months.  However, the applicant’s WD AGO Form 53-55 only shows that he was assigned to the 450th Medical Collecting Company.  It does not show 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.

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 and DD Form 214.

7.  The applicant was serving on active duty on 27 July 1950, and served on active duty until he was released from active duty on 3 December 1951.  However, his DD Form 214 does not show that he was awarded the National Defense Service Medal.

8.  The applicant participated in three campaigns during the Korean War.  Therefore, it is reasonable to presume that he spent 30 consecutive days in Korea during a qualifying period of service for award of the Republic of Korea – Korean War Service Medal.

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 that he was awarded any bronze or silver service stars to signify campaign participation credit.  However, item 32 (Battles and Campaigns) of this same document essentially shows that the applicant participated in the Ardennes-Alsace, Central Europe, Normandy, North France, and Rhineland campaigns during World 
War II.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

12.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

13.  Army Regulation 600-8-22 provides, in pertinent part, 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, and that a silver service star is worn in lieu of five bronze service stars.  This regulation states that authorized bronze or silver service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Combat Medical Badge during World War II.
2.  Although the applicant’s WD AGO Form 100 shows that he served as a Litter Bearer for 18 months, his WD AGO Form 53-55 does not show 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.  Regrettably, absent such evidence, there is insufficient basis upon which to award the Combat Medical Badge to the applicant in this case.

3.  The applicant served on active duty during a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show this award.

4.  As the applicant participated in three campaigns during the Korean War, it is reasonable to presume that he served 30 consecutive days in Korea during a qualifying period for award of the Republic of Korea – Korean War Service Medal.  Therefore, he is entitled to award of the Republic of Korea – Korean War Service Medal, and correction of his military records to show this 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 or injustice now under consideration on 5 December 1951; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
4 December 1954.  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

__CG ___  ___MF __  ___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 awarding him the National Defense Service Medal and the Republic of Korea – Korean War Service Medal, and by showing one silver service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.





_____Curtis Greenway_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012393
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070412
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.
107.0069.0000
3.
107.0142.0000
4.
107.0065.0000 (add silver service star)
5.
110.0400.0000
6.