IN THE CASE OF:
BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090006690
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 correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 June 1975 to show award of the Combat Medical Badge.
2. The applicant states that he served as an enlisted combat medic in Korea during the period of July 1950 to November 1950 with the 187th Airborne Regiment. The applicant states he earned the award under severe combat condition and that the award was erroneously omitted from his DD Form 214 for the period ending 30 June 1975.
3. The applicant provides no additional documentation in support of this case.
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 applicant enlisted in the Regular Army on 14 July 1948. On 13 July 1951, he was honorably released from active duty and immediately reenlisted on
14 July 1951.
3. The applicant's DD Form 214 for the period ending 13 July 1951 shows he was awarded the Army of Occupation Medal with Japan Clasp, the Combat Infantryman Badge, the Combat Medics Badge, and the Parachutist Badge.
4. On 31 August 1951, the applicant was appointed as a second lieutenant. He retired in the rank of brigadier general on 30 June 1975.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of the applicant DD Form 214 for the period ending 30 June 1975 does not show award of the Combat Medical Badge.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was awarded the Combat Medical Badge. Therefore, his DD Form 214 for the period ending 30 June 1975 should be amended to add the Combat Medical Badge.
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 amending his DD Form 214 for the period ending 30 June 1975 to add the Combat Medical Badge.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20090006690
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ABCMR Record of Proceedings (cont) AR20090006690
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