IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090017350 


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 and its addition to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states he has proof he was awarded the Purple Heart and should therefore be eligible for the Combat Medical Badge.

3.  In support of his application, he provides copies of his 1952 assignment orders, his Purple Heart orders, a DD Form 667 (Claim for Combat Pay), his DD Form 214, articles from his hometown newspaper, and letters from the National Personnel Records Center and the Army Board for Correction of Military Records (ABCMR).

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 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 NPRC in 1973.  It is believed that the applicant's records were destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military records show he enlisted in the Regular Army in pay grade E-1 on 25 April 1951 for 3 years.

4.  The applicant submitted a copy of an extract of Special Orders 125, dated 4 May 1952, that shows he was assigned to the 7th Replacement Company, 7th Infantry Division, in military occupational specialty (MOS) 3666 (Medical Aidman).  General Orders Number 59, dated 16 October 1952, show he was awarded the Purple Heart for wounds received in action on 17 September 1952 in the vicinity of North Korea.  The orders also show he was serving with Medical Company, 31st Infantry Regiment, 7th Infantry Division.

5.  The applicant was honorably discharged as a corporal on 24 April 1954 at the expiration of his term of service.  He was credited with completing 3 years of net active service and 1 year, 2 months, and 24 days of foreign service.  Entries in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 show the following awards:  the Army Good Conduct Medal, the Purple Heart, the United Nations Service Medal, the National Defense Service Medal, and the Korean Service Medal with two bronze service stars.  The Combat Medical Badge is not listed.

6.  Army Regulation 600-8-22 (Military Awards) 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.

7.  Army Regulation 600-8-22 also provides that the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the Korean War Service Medal.  To qualify for award of the Korean War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1954 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Medical Badge.  The evidence of record confirms the applicant served in a medical MOS when he was assigned to an infantry unit and was personally present when the unit was engaged in active ground combat.  Based on the foregoing, he is therefore entitled to this award and its addition to his DD Form 214.

2.  The evidence shows the applicant met the criteria for award of the Korean War Service Medal.  Therefore, he is entitled to have his records corrected to show this award on his DD Form 214.

3.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 showing the applicant's entitlement to the Combat Medical Badge and the Korean War Service Medal, by adding these awards to the list of awards already contained on his DD Form 214, and by providing him a correction to his separation document that includes these awards.



      ____________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)                                         AR20090017350



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ABCMR Record of Proceedings (cont)                                         AR20090017350


   
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