IN THE CASE OF:	  

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090015483 


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 Expert Medical Badge or the Combat Medical Badge and the Army of Occupation Medal with Japan Clasp.

2.  The applicant states he completed 4-6 weeks of combat medical training in Osaka, Japan, in 1952.  He then served as battery medic with the 936th Field Artillery Battalion in Korea for 13 months.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 6 June 1953; a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 11 October 1991; a copy of a certificate of proficiency, dated 19 April 1952; a witness statement, dated 9 September 1997; a copy of a letter of appreciation, dated 10 May 1953; and a copy of a self-authored statement, dated 1 October 1997.

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.  The applicant's DD Form 214 shows he entered active duty in Detroit, MI, on 27 August 1951.  This form further shows at the time of separation, he held military occupational specialty (MOS) 1966 (Track Vehicle Repairer) and his most significant duty assignment was with the Medical Detachment, 936th Artillery Battalion.

4.  His DD Form 214 also shows he completed 1 year, 9 months, and 10 days of creditable military service, of which 1 year, 3 months, and 1 day was foreign service.  He was honorably released from active duty on 6 June 1953 in the rank/grade of sergeant (SGT)/E-5.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal and United Nations Service Medal.  Item 27 does not show the Expert Medical Badge, Combat Medical Badge, or the Army of Occupation Medal with Japan Clasp.

6.  Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) of his DD Form 214 shows he completed the Medical Aidman Course from March to April 1952 at the Far East Medical Services Specialist School.

7.  He submitted the following documents:

	a.  A copy of DA Form 1577, dated 11 October 1991, that shows he was authorized the National Defense Service Medal, Army Good Conduct Medal, Korean Service Medal, and the United nations Service Medal.

   b.  A copy of a certificate of proficiency, dated 19 April 1952, issued by the Japan Logistical Command, that shows he successfully completed the medical aidman course of instruction and is qualified as a medical aidman in MOS 3666.
	c.  A copy a witness statement, dated 9 September 1997, wherein an individual states that he served in the same outfit as the applicant from April 1952 to December 1952 and that the applicant's position was battery medical aidman with the 936th Artillery Battalion.

	d.  A copy of a letter of appreciation, dated 10 May 1953, from his battalion commander, thanking him for handling a series of tough or unpleasant assignments as well as his devotion to duty.

	e.  A self-authored continuation to his application wherein he states that he had no affiliation with the infantry and that he served as a medical aidman with the 936th Artillery battalion.  He adds that during a visit to a museum in 1997, he reunited with two military individuals who examined his records and determined that he should have received the Combat Medic Pin.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Expert Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests.  The basic eligibility criteria require that enlisted personnel must have an AMEDD [Army Medical Department] primary MOS (this includes all MOS in CMF 91 as well as MOS 76J and 94F).  Eligible personnel must be on active duty or assigned to a troop program unit in the Reserve component unit or an Army Medical Department mobilization augmentation agency.

	b.  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.

	c.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Expert Medical Badge or the Combat Medical Badge and the Army of Occupation Medal with Japan Clasp.

2.  With respect to the Expert Medical Badge, the evidence of record shows he completed a course of instruction and was qualified as a medical aidman in MOS 3666; however, there is no evidence in his reconstructed records that he completed the required proficiency tests or that he was recommended for or awarded this badge.  Therefore, there is insufficient evidence to grant him relief on this issue.

3.  With respect to the Combat Medical Badge, his training as a medical aidman and service in a medical detachment of the 936th Artillery Battalion are not in question; however, there is no evidence that his medical outfit was organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat.  By regulation 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.  The applicant in this case states he had no affiliation with the infantry.  Regretfully, there is insufficient evidence to grant him relief on this issue.

4.  With respect to the Army of Occupation Medal with Japan Clasp, the criteria for this award requires completion of 30 consecutive days at a normal post of duty as a designated location in Japan between 3 September 1945 and 27 April 1952.  His DD Form 214 and his certificate of proficiency show he completed the medical aidman course in Japan from an unknown date in March 1952 through 19 April 1952.  However, neither form shows the exact duration of this course.  Additionally, it appears he was in Japan on temporary duty from his normal post of duty in Korea for the purpose of attending the medical aidman course.  Regretfully, in the absence of additional documents to show he was assigned to a qualifying unit and location in Japan, there is insufficient evidence to grant him relief on this issue.

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.



      ___________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)                                         AR20090015483



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ABCMR Record of Proceedings (cont)                                         AR20090015483



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