IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100026345
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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show:
a. the "Combat Medical Badge" (CMB) instead of "Medical Badge";
b. all awards to which he may be entitled; and
c. issuance of all of the awards he earned.
2. The applicant states no decorations or medals were ever presented to him.
3. The applicant provides a copy of his DD Form 214.
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's military records are not available to the Board for review. A fire destroyed about 18 million service members records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using reconstructed records, which primarily consist of the applicants DD Form 214.
3. The applicants DD Form 214 shows he enlisted in the Regular Army on 17 February 1951 and served until he was honorably discharged on 16 February 1954. He completed 3 years of active service and 1 year, 1 month, and 23 days of foreign service.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the:
* United Nations Service Medal
* Korean Service Medal with 3 bronze service stars
* National Defense Service Medal
* "Medical Badge"
5. Army Regulation 600-8-22 (Military Awards), paragraph 8-7h contains eligibility criteria for award of the CMB. The CMB was originally established as the Medical Badge. The CMB was created by the War Department on 1 March 1945 and it was not designated the CMB until after the Korean War ended.
6. Paragraph 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal (ROKWSM). It is authorized for all who served in Korea for 30 consecutive or 60 non-consecutive days between 25 June 1950 and 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's DD Form 214, item 27 shows the "Medical Badge," there appears to be no error. The CMB was originally established as the "Medical Badge" by the War Department on 1 March 1945 and it was not designated the CMB until the Korean War ended. However, the applicant's request for his DD Form 214 to be changed to show the CMB should be granted.
2. The applicant's DD Form 214 confirms he was awarded the KSM with
3 bronze service stars and he completed 1 year, 1 month, and 23 days of foreign service; thereby confirming he served in Korea. Based on the applicant's service in Korea, he is entitled to the ROKWSM.
3. Finally, the applicant indicates he did not receive medal sets for any awards earned during his tenure on active duty. Therefore, a DA Form 1577 (Authorization for Issuance of Awards) should be prepared to ensure issuance of his awards at this time.
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 by:
a. deleting the "Medical Badge" from Item 13 and adding the Combat Medical Badge and the Republic of Korea War Service Medal; and
b. issuing the applicant a document to reflect these changes.
c. preparing a DA Form 1577 (Authorization for Issuance of Awards) to ensure the applicant receives medal sets for all awards he earned during his tenure on active duty.
___________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) AR20100026345
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ABCMR Record of Proceedings (cont) AR20100026345
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