RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 Maya 2007
      DOCKET NUMBER:  AR20060015496


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, the Bronze
Star Medal (in effect, based upon award of the Combat Medical Badge), and
the Purple Heart.

2.  The applicant states he was not a pharmacist until 1945, when their
pharmacist was sent home on points.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and
Report of Separation); and a photograph of him with Generals Eisenhower and
Patton with a cover letter dated 20 September 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1945.  The application submitted in this case
was received on 3 November 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 was inducted into the Army and entered active duty on
       13 October 1942.

4.  The applicant’s WD AGO Form 24 (Service Record) shows he was rated as a
medical technician (specialty 858) on 2 September 1943 and as a pharmacist
(specialty 149) on 13 November 1943.

5.  On 5 October 1943, the applicant was assigned to Medical Detachment,
Special Troops, Third Army, Fort Sam Houston, TX.

6.  The applicant arrived in the European Theater of Operations on 21 March
1944.  On 24 March 1944, the applicant completed a form requesting his mail
be addressed to him at Headquarters, Third Army.  He was promoted to
Sergeant on 1 February 1945 by Headquarters Special Troops, Third Army
Special Orders Number 13.
7.  The applicant departed the European Theater of Operations on 22
November 1945.

8.  Item 11 (List all significant diseases, wounds, and injuries) of the
applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted
Personnel Prior to Discharge, Release from Active Duty or Retirement)
contains the entry, “None.”

9.  On 4 December 1945, the applicant was honorably discharged.  His WD AGO
Form 53-55 shows he was awarded the Army Good Conduct Medal, the American
Theater Service Medal, the European-African-Middle Eastern Theater Service
Medal with five bronze service stars, and the World War II Victory Medal.
Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 contains the
entry, “None.”

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Combat Medical Badge to Medical Department personnel assigned or attached
to infantry units of brigade or smaller size who satisfactorily perform
medical duties while the unit is engaged in actual ground combat, provided
they are personally present and under fire.  The award was established to
recognize medical aidmen who shared the same hazards and hardships of
ground combat on a daily basis with the infantry Soldier.

11.  Army Regulation 600-8-22 provides for the award of the Bronze Star
Medal to any person who distinguished himself or herself by heroic or
meritorious achievement or service, not involving participation in aerial
flight, in connection with military operations against an armed enemy.  It
also provides for award of the Bronze Star Medal to members of the armed
forces who, after 6 December 1941 and prior to 3 September 1945, have been
cited in orders or in a formal certificate for meritorious or exemplary
conduct in ground combat against the armed enemy.  A citation in orders for
the Combat Infantryman Badge or Medical Badge awarded in the field during
the period of actual combat against the armed enemy is considered as a
citation for exemplary conduct in ground combat.

12.  Army Regulation 600-8-22 provides for award of the Purple Heart for a
wound sustained as a result of hostile action.  Substantiating evidence
must be provided to verify that the wound was the result of hostile action,
the wound must have required treatment by a medical officer, and the
medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records show he was assigned to Headquarters, Third
Army the entire time he was in the European Theater of Operations.  Since
there is no evidence to show he satisfactorily performed medical duties
while assigned or attached to an infantry unit of brigade or smaller size
while the unit was engaged in actual ground combat, there is insufficient
evidence on which to base award of the Combat Medical Badge.

2.  Since there is insufficient evidence on which to award the applicant
the Combat Medical Badge, there is also insufficient evidence on which to
base award of the Bronze Star Medal based upon award of the Combat Medical
Badge.

3.  There is no evidence of record and the applicant provides none to show
he was wounded in action; therefore, there is insufficient evidence on
which to base award of the Purple Heart.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 December 1945; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     2 January 1950 (3 years after the Board was
established on 1 January 1947).  Although the applicant did not file within
the 3-year statute of limitations, it would be appropriate to waive failure
to timely file based on the fact there is no statute of limitations on
award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__pms___  __dkh___  __eem___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



                                  __Paul M. Smith_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015496                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070501                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0015                                |
|3.                      |107.00113                               |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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