IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100026125 


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, amendment of item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the loss of his right eye was the result of being engaged in combat action during the Korean War.

2.  He also requests, in effect, award of the Combat Medical Badge and all appropriate awards to which he is entitled.

3.  He states his DD Form 214 needs to be corrected to acknowledge the fact that he did engage in combat action in the Korean War as a combat medic while attached to Company L, 2nd Infantry, 23rd Infantry Regiment.  He also states he should be awarded all appropriate citations/medals for that service and his DD Form 214 should note the loss of his right eye was a result of that engagement.

4.  He provides:

* AGO Form 0495-13 (Department of the Army Extract)
* DD Form 214
* two retirement certificates
* retirement orders
* his letter to the National Personnel Records Center (NPRC) and the response

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 record shows he enlisted in the Regular Army in pay grade E-1 on 6 February 1951 for 3 years.  He served in military specialty 3666 (Medical Technician).  He served in Korea from 25 September 1951 to on or about 17 January 1952.

3.  On 11 June 1952, a physical evaluation board convened and considered his disability of an absence of his right eyeball, secondary to a gunshot wound.  The medical history and clinical record show the applicant received an accidental gunshot wound to his right eye on 10 January 1952 when an American Soldier's .38-caliber automatic weapon accidentally discharged.  He suffered a superficial non-penetrating wound of the abdomen and a deep corneal abrasion or laceration.  Glaucoma developed in that eye and because of constant inflammation and blindness, enucleation became necessary.  The patient was fitted with an adequate prosthesis.  The board found the applicant permanently unfit for further military service by reason of an absence of his right eyeball and rated him at 40 percent.  The board also noted the injury did not incur in combat with an enemy of the United States and was not the result of intentional misconduct.

4.  He was honorably retired in the rank of private first class on 30 June 1952 by reason of permanent physical disability.  He was credited with completing 1 year, 4 months, and 25 days of active service with 5 months and 26 days of foreign service and no lost time.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Korean Service Medal.  Item 29 of this form contains no entry to indicate he was wounded as a result of enemy action.

6.  Section 9 (Remarks - Administrative) of his WD AGO Form 24A (Service Record) shows the entry, "Character and efficiency ratings unknown, favorably considered for Good Conduct Medal.

7.  On 19 May 1986, the Department of the Army Office of the Adjutant General issued an official statement authorizing the applicant the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Korea Presidential Unit Citation

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Medical Badge was issued by the War Department on 1 March 1945.  It could be awarded to enlisted men of the Medical Department assigned or attached to the medical detachment of infantry regiments, infantry battalions, and elements thereof designated as infantry in tables of organization.  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 the infantry Soldier.  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 also states 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 must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed a qualifying period of service and was authorized awards of the Army Good Conduct Medal, National Defense Service Medal, Korean Service Medal with two bronze service stars, Republic of Korea War Service Medal, United Nations Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Republic of Korea Presidential Unit Citation after his retirement for permanent disability.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  With respect to amending item 29 of his DD Form 214, the evidence of record shows the injury to his eyeball was not the result of combat with an enemy of the United States during his service in Korea.  The medical history and clinical record show he was accidentally shot in the right eye on 10 January 1952 when an American Soldier's .38-caliber automatic weapon accidentally discharged.  Therefore, he is not entitled to amendment of item 29 of his DD Form 214 to show the loss of his right eye was the result of being engaged in combat action during the Korean War.

3.  The applicable Army regulation shows the Combat Medical Badge is awarded to enlisted medical aidmen who accompanied the infantryman into battle and shared the experiences unique to the infantry in combat.  The badge was never intended to be awarded to all medical personnel who served in a combat zone or imminent danger area.

4.  The evidence of record shows he served as a medical technician with the 23rd Infantry Regiment during his overseas service in Korea.  The available service records do not indicate he either participated in actual ground combat or accompanied infantrymen into battle.   His available records also do not show he received any awards for valor or achievement that would indicate he was personally involved in active ground combat against the enemy during this period of service.

5.  There is insufficient evidence to award him the Combat Medical Badge and to have it added to his DD Form 214.

6.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the Korean Service Medal from item 27 of the applicant's DD Form 214,

	b.  adding to item 27 of his DD Form 214 the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* Republic of Korea War Service Medal
* United Nations Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Korea Presidential Unit Citation

	c.  issuing him a corrected document showing these changes.

2.  The Board further determined 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 amendment of item 29 of his DD Form 214 to show the loss of his right eye was the result of being engaged in combat action during the Korean War and award of the Combat Medical Badge and its addition to his DD Form 214.



      ____________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)                                         AR20100026125



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ABCMR Record of Proceedings (cont)                                         AR20100026125



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