RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070017567


	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.


 

Director

 

Analyst
      The following members, a quorum, were present:


  

Chairperson

 

Member

 

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, award of the Combat Medical Badge and associated combat pay for his service during World War II. 

2.  The applicant states that the clerk made typographical errors on his discharge document.  He contends that he was assigned with the 26th Infantry Division. 

3.  The applicant provides copies of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55), Letter for the Bronze Star Medal, and the Citation for the Meritorious Service Unit Plaque.

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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  On 26 June 1943, the applicant entered the Army of the United States.  He completed his initial training and was assigned for duty as an ambulance driver with the Medical Department.

4.  On 27 August 1944, the applicant deployed to the European Theater of Operations (ETO) for duty with the 114th Medical Battalion, 26th Infantry Division.  He departed the ETO on 19 December 1945 and arrived in the United States on 31 December 1945.

5.  In a letter dated 22 January 1945, the applicant was cited for award of the Bronze Star Medal.  The citation stated: "[The applicant] Company B, 114th Medical Battalion, 26th Infantry Division.  For meritorious service in connection with military operations against an enemy of the United States east of Nancy, France, from 10 October to 20 November 1944.  During the offensive operations, [the applicant] a litter bearer, Company B, performed his duties in an outstanding manner.  Working under adverse climatic conditions, at times under enemy fire, he displayed the utmost care and efficiency in the evacuation of the wounded.  His untiring efforts contributed materially to the maintenance of a high standard of medical treatment.  His unusual initiative and devotion to duty and his solicitude for his wounded comrades reflect the highest credit upon [the applicant] and the armed forces of the United States."

6.  On 7 January 1946, the applicant was honorably discharged.  He had attained the rank of private first class and had completed 3 years, 10 months and 26 days of creditable active service.

7.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows "None."

8.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 lists his campaigns as the Northern France [25 July to 14 September 1944], Rhineland [15 September 1944 to 21 March 1945], Ardennes-Alsace [16 December 1944 to 25 January 1945], and the Central Europe [22 March to 11 May 1945].  

9.  Item 33 (Decorations and Citations) of his WD AGO 53-55, lists his awards as the Bronze Star Medal [indicates award order published by 20th Infantry Division], American Theater Ribbon, Good Conduct Medal, European-African-Middle Eastern Service Medal, and the [World War II] Victory Medal.  It does not show award of the Combat Medical Badge.

10.  War Department Form 372A, Final Payment – Work Sheet, shows that the applicant did not receive Medical Badge Pay.

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  An Oak Leaf cluster denotes subsequent awards.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 114th Medical Battalion, during the time of the applicant's assignment participated in the following four campaign periods: the Ardennes-Alsace, Central Europe, Northern France, and Rhineland. It also received occupation credit for Germany.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This document shows that the 114th Medical Battalion was awarded the Meritorious Unit Commendation by Letter, Headquarters, 26th Infantry Division, dated 19 February 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant was assigned to a medical unit of company or smaller size that was organic to an infantry unit which was engaged in active ground combat. It further shows that the applicant was personally present and under fire during such ground combat.  Therefore, he should be awarded the Combat Medical Badge. 

2.  The applicant's final payment worksheet shows that he was not paid Medical Badge Pay.  The applicant was in the ETO from 7 September 1944 and participated in the Northern France Campaign that ran from 24 July to 
14 September 1944.  He served through three more campaigns and departed the ETO on 31 December 1945.   His Bronze Star Citation commends his action in combat.   Therefore, the applicant’s request to receive Medical Badge Pay should be granted.


3.  Based on the applicant’s award of the Combat Medical Badge for his service in the European Theater of Operations during World War II, he is also entitled to award of the Bronze Star Medal.  Therefore he should be awarded an Oak Leaf Cluster to be affixed to his already awarded Bronze Star Medal.

4.  Records show that the applicant participated in four campaign periods during his service in the European Theater of Operations.  Therefore, he is eligible for award of four bronze service stars to be affixed to his European-African-Middle Eastern Service Medal.

5.  Records shows that the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation and the Army of Occupational Medal with Germany Clasp.  Therefore, his records should be corrected to show these unit awards.

BOARD VOTE:

____X__ _  ___X_____  ___X_  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:

	a.  awarding him the Combat Medical Badge; and

	b.  paying him Medical Badge Pay for his service in the ETO from 
7 September 1944 to 19 December 1945. 

      
      
      
      
      
      
      c.  showing, that in addition to the awards shown on his WD AGO Form 53-55, his awards include an Oak Leaf Cluster to be affixed to his already awarded Bronze Star Medal, Meritorious Unit Commendation, Army of Occupation Medal with Germany Clasp, four bronze service stars to be affixed to his already awarded European-African-Middle Eastern Service Medal, and the Combat Medical Badge.




      	__________X____________
                		CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070017567



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508