RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070010034 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy A. Sabree

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, in effect, that he is eligible for award of the Combat Medical Badge because he served in combat as a medic.  

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective separation date of 3 March 1953 and DA Form 493 (Separation Qualification Record) authenticated in his own hand on 27 February 1953.

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 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 for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s DD Form 214 with a separation date of 3 March 1953.

3.  The available record shows the applicant was inducted on 11 April 1951.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 1666 (Medical Aidman).

4.  The applicant completed 1 year, 5 months, and 6 days of foreign and/or sea service.

5.  There are insufficient records to determine all the units to which the applicant was assigned or the dates during which he was assigned.

6.  On 3 March 1953, the applicant was discharged due to the expiration of his term of service.  He had completed 1 year, 10 months, and 23 days of active federal service that was characterized as honorable.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Combat Medical Badge.  Item 27 does show the applicant was awarded the Combat Infantryman Badge (CIB), Purple Heart, Korean Service Medal with two bronze stars, United Nations Service Medal, and the Army Occupation Medal with Japan Clasp.

8.  Item 28 (Most Significant Duty Assignment) of the applicant's DD Form 214 shows the entry "Medical Company, 5th Cavalry Regiment".

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

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. Although medical 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.
11.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

12.  Army Regulation 600-8-22 as amended provides 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.

13.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and
27 July 1954.

14.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  

	a.  while on permanent assignment;

	b.  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Medical Badge.  Due to a fire at the National Personnel Records Center in 1973, the only available record for the Board to consider in its deliberation was his DD Form 214, which shows he held a medical MOS as a Medic and that his significant unit of assignment was the Medical Company of the 5th Cavalry Regiment.  This same DD Form 214 shows he was awarded the CIB and the Purple Heart, which is circumstantial evidence to show he was engaged with hostile forces and that he was assigned to a regimental or smaller size infantry unit.  This same DD Form 214 shows he was assigned to a medical company.  There is no unit chronological history available to the Board for its review.  The 

preponderance of evidence supports award of the Combat Medical Badge to the applicant as his record shows he held an medical MOS, he was actively engaged with hostile enemy forces as evidenced by the award of the Purple Heart.  Based on this preponderance of evidence, the applicant is entitled to award of the Combat Medical Badge.

2.  Records show the applicant's period of service was honorable during the period 11 April 1951 to 3 March 1953.  Therefore, the applicant is entitled to the National Defense Service Medal.

3.  Based on the applicant’s award of the Korean Service Medal as noted on his DD Form 214, he met the service requirements for award of the Republic of Korea War Service Medal as he had a permanent assignment or temporary duty for 30 consecutive days within Korea's territorial limits.  Therefore, the applicant is entitled to the Republic of Korea War Service Medal.

BOARD VOTE:

__QAS__  __CLG___  __JRS__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Combat Medical Badge, the National Defense Service Medal, and the Republic of Korea War Service Medal.




___Curtis L. Greenway__
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.