IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110006795 


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 the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of his deceased father, a former service member (FSM), to show award of the Bronze Star Medal and Combat Medical Badge.

2.  He states his father served with the 1st Cavalry Division, 1st Medical Squadron, on Luzon Island in the Philippines and earned the Silver Star.

3.  He provides the following:

* FSM's WD AGO Form 53-55
* FSM's Honorable Discharge Certificate
* Certificate of Death
* Congressional correspondence
* excerpts from a journal with photographs

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 FSM's military records are not available to the ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining for the ABCMR to conduct a fair and impartial review of this case.

3.  Records available to the Board show the FSM was inducted into the Army of the United States on 7 June 1943 and entered active service on 14 June 1943.  He served in the Pacific from 28 December 1943 to 29 September 1945.  He was honorably discharged on 20 October 1945.

4.  The FSM's WD AGO Form 53-55 contains the following entries:

* item 6 (Organization) – 1st Medical Squadron, 1st Cavalry Division
* item 30 (Military Occupational Specialty (MOS) and Number) – 657, Litter Bearer

* item 31 (Battles and Campaigns) –

* New Guinea
* Bismarck Archipelago
* Southern Philippines

* item 33 (Decorations and Citations) –

* Silver Star 
* Good Conduct Medal
* Philippines Liberation Ribbon with two bronze stars
* Asiatic-Pacific Service Medal with four bronze stars and one bronze arrowhead

5.  His separation qualification record shows his MOS was 657 (Medical Basic) for 3 months prior to becoming a litter bearer.  This document states the FSM "was a litter bearer in the Medical Corps attached to a cavalry division in Australia, New Guinea, Philippines, and Japan."  The FSM lifted patients onto litters at the front and carried them to aid stations.

6.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.

7.  Army Regulation 600-8-22 states 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.

8.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

9.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the FSM's available records to show he was awarded the Combat Medical Badge.  However, the evidence of record shows he was assigned as a litter bearer with the 1st Medical Squadron.  Additionally, the fact that he was awarded the Silver Star verifies his heroic actions and contact with hostile forces.  Therefore, in the interest of equity and justice, it would be appropriate to award him the Combat Medical Badge and to correct his records to show this award.

2.  The regulation, as cited above, authorizes award of the Bronze Star Medal for individuals who were authorized either the Combat Infantryman Badge or the Combat Medical Badge for service during World War II.  Therefore, award of the Combat Medical Badge entitles him to award of the Bronze Star Medal and to correction of his records to show this award.
3.  The evidence of record shows the FSM completed a qualifying period of service for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

____x___  ____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding him the Combat Medical Badge,

	b.  awarding him the Bronze Star Medal based on award of the Combat Medical Badge, and

	c.  adding the following awards to his WD AGO Form 53-55:

* Bronze Star Medal
* Combat Medical Badge
* World War II Victory Medal



      _____________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)                                         AR20110006795



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ABCMR Record of Proceedings (cont)                                         AR20110006795



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