RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20080003272 


	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 reconsideration of an earlier request for award of the Combat Medical Badge and the Bronze Star Medal (based on award of the Combat Medical Badge).  He also requests that entries on his WD AGO Form 100 (Separation Qualification Record) be corrected, which is a new issue.  

2.  The applicant states, in effect, that although his military occupational specialty (MOS) lists him as a clerk, he actually spent most of his time assisting his commanding officer and other officers during surgery.  He contends that he was taught to administer anesthesia by his commanding officer.  He points out that letters from his commanding officer and a surgical technician at the time in question support his claim (these letters were previously considered by the Board).  

3.  The applicant states that the entry, “all,” in item 13 (Title - Description - Related Civilian Occupation) on his WD AGO Form 100 should be deleted or corrected since he did not perform all administrative work.  He claims he was not chief clerk until after the war.  He also requests that the entry, “Supervised 
24 men in this work” in item 13 on his WD AGO Form 100 should be deleted since it is not true.

4.  The applicant provides a letter, dated 3 January 2008.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070006614, on 4 December 2007.

2.  The applicant’s new arguments will be considered by the Board.

3.  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.  




4.  The applicant was inducted on 28 January 1943 and entered active duty on 
4 February 1943.  Item 30 (Military Occupational Specialty and No.) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was a chief clerk.  He served in the China-Burma-India Theater of Operations from 
26 December 1943 through 1 February 1945 and was honorably discharged on 18 January 1946.  

5.  The applicant’s WD AGO Form 53-55 shows the American Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the Asiatic-Pacific Campaign Medal as authorized awards.

6.  There are no orders for the Combat Medical Badge in the available records. 

7.  Item 13 on the applicant’s WD AGO Form 100 states, “CHIEF CLERK:  Performed all company administrative work, made out medical reports, handled correspondence, kept and filed records.  Supervised 24 men in this work.  Served for 26 mos. [months] in the China-Burma India Theatre.”   

8.  Army Regulation 600-8-22 (Military Awards) provides the criteria for award of the Combat Medical Badge.  It states, in pertinent part, that the Combat Medical Badge was created by the War Department on 1 March 1945.  Its evolution stemmed from a requirement to recognize medical aidmen who shared the same hazards and hardships of ground combat on a daily basis with infantry Soldiers.  As with the Combat Infantryman Badge, the infantry unit to which the medical personnel are assigned or attached must engage the enemy in active ground combat.  The medical personnel must be personally present and under fire to be eligible for award of the Combat Medical Badge.  

9.  Army Regulation 600-8-22 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.




10.  The purpose of the WD AGO Form 100 was to assist World War II veterans in post-service employment, education, or any other endeavor by the service member.  The form was prepared based on service personnel records and personal interview for a very specific purpose and was not intended as a replacement or substitute for the official records of the individual’s service.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Combat Medical Badge in the available records.    There is no evidence of record showing that the applicant was a medical aidman personally present and under fire during ground combat while assigned to a medical unit of company or smaller size that was organic to an infantry unit during World War II.  In fact, his contentions confirm that he did not meet these criteria for award of the Combat Medical Badge.  Regrettably, there is insufficient evidence on which to base award of the Combat Medical Badge or the Bronze Star Medal (based on award of the Combat Medical Badge) in this case.
 
2.  Although the applicant contends that he did not perform all company administrative work and that he did not supervise 24 men, there is no evidence of record to support these contentions.  Therefore, there is insufficient evidence on which to amend his WD AGO Form 100.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x______  ___x___  __x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20070006614, dated 4 December 2007.




2.  With regard to the applicant's remaining issue to correct entries on his WD AGO Form 100, 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.




      ___        x______
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080003272


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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ARLINGTON, VA  22202-4508