DOCKET NUMBER:  AR20090004771 


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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Medical Badge and four additional bronze service stars to be affixed to his Korean Service Medal.  He also requests any awards and decorations to which he may be entitled.

2.  The applicant states that he was a combat medic with Battery C, 13th Field Artillery, 24th Division.  He contends that he served in the Bloody Ridge, the Heartbreak Ridge, the Pork Chop Ridge, the Old Baldy, and the Punchbowl battles and was awarded only two battle stars.

3.  The applicant provides a copy of his DD Form 214 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 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 was inducted into the Army on 25 September 1950.  He was awarded military occupational specialty (MOS) 3666 (medical aidman).  He arrived in Korea on 30 August 1951.  He served in MOS 3666 assigned to the Medical Detachment of the 24th Infantry Division in Korea from 2 September 1951 through 25 January 1952.  On 20 August 1952, he was honorably released from active duty and transferred to the Enlisted Reserve Corps.

3.  The applicant's DD Form 214 shows the Korean Service Medal with one bronze service star, the Army of Occupation Medal with Japan Clasp, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation as authorized awards.

4.  Records show the applicant participated in two campaigns during his assignment in Korea.
 
5.  Army Regulation 600-8-22 (Military Awards) states the United Nations Summer-Fall Offensive campaign lasted from 9 July 1951 through 27 November 1951 and the Second Korean Winter campaign lasted from 28 November 1951 through 30 April 1952.  Bloody Ridge, Heartbreak Ridge, Pork Chop Ridge, Old Baldy, and Punchbowl are not listed as campaigns.

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

7.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

8.  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.

9.  Army Regulation 600-8-22 further provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

10.  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.  Although the applicant contends that he served in the Bloody Ridge, the Heartbreak Ridge, the Pork Chop Ridge, the Old Baldy, and the Punchbowl battles in Korea, these battles are not authorized campaigns for entitlement to bronze service stars.

2.  The applicant's DD Form 214 shows the Korean Service Medal with one bronze service star.  However, the evidence of record shows he participated in two campaigns during his assignment in Korea which makes him eligible for the Korean Service Medal with two bronze service stars.

3.  The evidence of record shows the applicant served in MOS 3666 while assigned to a medical detachment in Korea.  There are no orders for the Combat Medical Badge and there is no evidence of record showing that the applicant was 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 of brigade, regimental, or smaller size in Korea.  In addition, the applicant stated that he served with an artillery unit, not an infantry unit.  Therefore, there is insufficient evidence on which to base award of the Combat Medical Badge in this case.

4.  The applicant served a period of qualifying service for award of the National Defense Service Medal and the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show these medals.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  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 amending his DD Form 214 to show the Korean Service Medal with two bronze service stars and to add the National Defense Service Medal and the Republic of Korea War Service Medal.

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 three additional awards of the bronze service star to be affixed to his Korean Service Medal and the Combat Medical Badge.



      ___________x______________
                 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.

ABCMR Record of Proceedings (cont)                                         AR20090004771



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ABCMR Record of Proceedings (cont)                                         AR20090004771



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