IN THE CASE OF:
BOARD DATE: 5 February 2009
DOCKET NUMBER: AR20080016591
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Combat Medical Badge (CMB).
2. The applicant states he never received information that the CMB was awarded retroactive to 6 December 1941.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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. The applicant was inducted into the Army of the United States on 6 February 1943 and entered active duty on 13 February 1943. His WD AGO Form 53-55 shows he held military occupational specialty 673 (medical noncommissioned officer (NCO)). He arrived in the Asiatic Pacific Theater of Operations on 25 March 1944 and departed on 27 December 1945. His WD AGO Form 53-55 shows he was assigned to the 35th General Hospital.
4. The applicant was honorably discharged on 18 January 1946. His WD AGO Form 53-55 shows the Asiatic Pacific Campaign Medal, the Philippines Liberation Ribbon, the World War II Victory Medal, the American Campaign Medal, and the Army Good Conduct Medal as authorized awards.
5. His Final Payment - Worksheet does not show he received medical badge pay.
6. Army Regulation 600-8-22 (Military Awards) provides the criteria for award of the CMB. It states, in pertinent part, that the CMB 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 CMB.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Enlisted Record and Report of Separation shows he served as a medical NCO and was assigned to the 35th General Hospital during World War II.
2. There is no evidence of record which shows the applicant was assigned to a medical unit which was organic to an infantry unit engaged in active ground combat as required for award of the CMB during World War II. His pay records do not show that he received medical badge pay. Regrettably, there is insufficient evidence on which to base award of the CMB in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ _____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ xxx_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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