RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 18 March 2008 
	DOCKET NUMBER:  AR20070014108 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea Nuppenau

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, correction of his Enlisted Record and Report of Separation to show he was a combat medic.  He also requests award of the Combat Medical Badge.

2.  The applicant states, in effect, that his separation document shows his military occupational specialty (MOS) as 149 (Pharmacist); however, it should be corrected to show MOS 666 (First Aid Man, Medic).  He also states that changing his MOS would accurately reflect the duties he performed in Normandy, France; in Holland during Operation Market Garden; and at the Battle of the Bulge during the Ardennes Offensive.  The applicant states that he served as a field front-line medic, saw 20 months of combat, and did some work as a Pharmacist for
6 months after Germany surrendered.  However, he asserts that he served as a medic for a period of time during the war more than 3 times the time that he served as a Pharmacist.  The applicant adds that, if appropriate, he also requests award of the Combat Medical Badge.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of
9 November 1945; Headquarters, 307th Airborne Engineer Battalion (European Theater of Operations), General Orders Number 6, dated 10 May 1945; and Housing and Community Services Department, Veterans Service Office, Santa Ana, California, letter, dated 2 October 2007.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service 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.  Available records consist primarily of the applicant's WD AGO Form 100 (Separation Qualification Record) and his
WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), which offer sufficient documents in the way of a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s WD AGO Form 100 (Separation Qualification Record) shows that he entered into active service on 6 August 1943 and was separated on
9 November 1945.  This document also shows in the Military Occupational Assignments section for Item 10 (Months), Item 11 (Grade), and Item 12 (Military Occupational Specialty), that the applicant served 4 months as a private in MOS 521 (Basic Training, Medical Department), 12 months as a private first class in MOS 657 (Medical Aidman), and 2 months as a private first class in MOS 149 (Pharmacist).

4.  The applicant’s WD AGO Form 53-55 shows he was assigned to Company A, Medical Detachment, 307th Engineer Battalion (Airborne), and that he departed the United States on 19 March 1944, arrived in the European Theater of Operations (ETO) on 30 March 1944, and served in the ETO until he returned to the United States on 31 August 1945.  Item 30 (Military Occupational Specialty and Number) of the WD AGO Form 53-55 contains the entry “Pharmacist 149.”
Item 31 (Military Qualification and Date) shows he was awarded the Glider Badge.  Item 32 (Battles and Campaigns) of this document shows he participated in the Normandy, Ardennes, Rhineland, and Central Europe campaigns.  Item 33 (Decorations and Citations) shows that the applicant was awarded the Good Conduct Medal, European-African-Middle Eastern Campaign Medal with bronze arrowhead device, and the World War II Victory Medal.  This document also shows that the applicant was credited with serving 1 year, 5 months, and 13 days of foreign service and 9 months of continental (United States) service.

5.  In support of his application, the applicant provides his WD AGO Form 53-55, which was previously introduced in this Record of Proceedings and considered as evidence.  He also provides a copy of Headquarters, 307th Airborne Engineer Battalion (ETO), General Orders Number 6, dated 10 May 1945, that show the applicant was authorized award of the bronze arrowhead device to be affixed to his European-African-Middle Eastern Campaign Medal for either a combat parachute jump or glider landing into enemy held territory as a member of an organized force carrying out an assigned tactical mission in Airborne Operations in the vicinity of Nijmegen, Holland, during the period from 17 September 1944 to 23 September 1944.  He also provides a copy of Housing and Community Services Department, Veterans Service Office, Santa Ana, California, letter, dated 2 October 2007, that provides the contact information of the claims officer providing him assistance on his claim.
6.  War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provided uniform procedures in discharging or releasing personnel from active duty.  The instructions for completing the Report of Separation (WD AGO Form 53-55) states that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, Certificate of Disability for Discharge, Citations, General Court-Martial Orders (when applicable), Separation Qualification Record, and information ascertained by interview with the dischargee.  The instructions for completing Item 30 (Military Occupational Specialty and Number) are not shown in this publication.

7.  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.

8.  Information supplied by the Center for Military History shows that although a medical company was frequently further attached to support operations of corps and divisions, only medical personnel in the organic medical companies or detachments of the infantry regiments historically met the requirements for qualifying service for the Combat Medical Badge.

9.  Army Regulation 600-8-22 provides, in pertinent part, for 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the European-African-Middle Eastern Campaign Medal, Asiatic-Pacific Campaign Medal, Korean Service Medal, Vietnam Service Medal, and Armed Forces Expeditionary Medal.

11.  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.  This 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.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States (CONUS) for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For World War II service, 1 Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service outside CONUS from 7 December 1941 to 2 September 1946.  For credit toward the Overseas Service Bar, service is computed between dates of departure from, and arrival at, a port in the United States or the boundary of CONUS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show he was a combat medic.  He also contends that he should be awarded the Combat Medical Badge.

2.  The evidence of available record shows that the applicant was assigned to Company A, Medical Detachment, 307th Engineer Battalion (Airborne) and served 17 months in the ETO.  The evidence of record also shows the applicant served 12 months in MOS 657 (Medical Aidman) and only 2 months in MOS 149 (Pharmacist).  The evidence of record further shows that the applicant was authorized the bronze arrowhead device to be affixed to his European-African-Middle Eastern Campaign Medal for a combat parachute jump or glider landing into enemy held territory as a member of an organized force carrying out an assigned tactical mission in Airborne Operations and that he participated in
4 campaigns.  Thus, based on the available evidence, it is reasonable to conclude that the majority of the applicant’s service in the ETO was in MOS 657 (Medical Aidman).  Therefore, in view of the foregoing, the applicant is entitled to correction of his WD AGO 53-55 to show that he held MOS 657 (Medical Aidman).
3.  The evidence of available record shows the applicant was assigned to Company A, Medical Detachment, 307th Engineer Battalion (Airborne) (emphasis added) while serving in the ETO during World War II.  The evidence of record also shows 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 (emphasis added) of brigade, regimental or smaller size which is engaged in active ground combat.  Thus, the evidence of record fails to support the applicant’s claim to the Combat Medical Badge.  Therefore, he is not entitled to award of the Combat Medical Badge. 

4.  The evidence of available record shows that while the applicant was assigned to Company A, Medical Detachment, 307th Engineer Battalion (Airborne), in addition to the applicant being awarded the bronze arrowhead device for a combat parachute jump or glider landing, the applicant’s unit also participated in
4 campaigns during his service in World War II.  Therefore, the applicant is authorized the bronze arrowhead device, along with 4 bronze service stars, to be affixed to his European-African-Middle Eastern Theater Campaign Medal.

5.  The evidence of available record shows that, for the purposes of the Overseas Service Bar, the applicant is credited with serving 18 months (i.e., from 19 March 1944 to 31 August 1945) in the European-African-Middle Eastern Theater during World War II.  Therefore, he is entitled to correction of his record to show award of 3 Overseas Service Bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___RTD_  __RN____  _GP____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his WD AGO Form 53-55, as follows:

     a.  deleting from Item 30 the entry “PHARMACIST  149”;

     b.  adding to Item 30 the entry “MEDICAL AIDMAN  657”;

     c.  deleting from Item 33 the entries “BRONZE ARROWHEAD SERVICE MEDAL” and “EUROPEAN AFRICAN MIDDLE EASTERN SERVICE MEDAL”; and

     d.  adding to Item 33 the entry “EUROPEAN-AFRICAN-MIDDLE EASTERN CAMPAIGN MEDAL WITH BRONZE ARROWHEAD DEVICE AND 4 BRONZE SERVICE STARS//3 OVERSEAS SERVICE BARS//NOTHING FOLLOWS”  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Medical Badge.  




_____Richard T. Dunbar______
          CHAIRPERSON




INDEX

CASE ID
AR20070014108
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2008MMDD
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19451109
DISCHARGE AUTHORITY
AR 615-365, RR 1-1
DISCHARGE REASON
Convenience of Government-Demobilization
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
100.0500.0000
2.
107.0113.0000
3.

4.

5.

6.