IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110007863
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 (CMB).
2. The applicant states he was a combat medic and was awarded the CMB but it is not listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States). He was a member of the 3rd Medical Battalion, but assigned to the 15th Infantry Regiment when he landed at Wonsan, Korea in November 1950. He further states he earned the badge and he would like his records corrected and sent to him.
3. The applicant provides:
* DD Form 214
* Honorable Discharge Certificate
* a photograph of a Combat Medical Badge
* Certification of Military Service
* a self-authored statement
* a two-paragraph duty status synopsis of two men who served with the applicant
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 applicants 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 applicants 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 Jacksonville, FL, on 23 August 1949. This form further shows at the time of separation, he held military occupational specialty (MOS) 3290 (Personnel Management Specialist) and his most significant duty assignment was with Headquarters Company, 3rd Medical Battalion, 3rd Infantry Division.
4. His DD Form 214 also shows he completed 1 year, 11 months, and 5 days of creditable military service, of which 10 months and 11 days was foreign service. He was honorably released from active duty on 27 July 1951 in the rank/grade of corporal (CPL)/E-4.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Japan Occupation Medal [known as the Army of Occupation Medal with Japan Clasp], Korean Service Medal, and one bronze service star. Item 27 does not show the Combat Medical Badge.
6. His record contains Assignment Letter Order Number 330, Headquarters, Florida Military District, Third Army Area, dated 17 April 1952, which states the applicants primary MOS was corrected to reflect 4055 (Medical Records Clerk).
7. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim of entitlement to the CMB was carefully considered. His MOS of medical records clerk and service in the 3rd Medical Battalion is not in question; however, there is no evidence that he held a combat medic MOS or 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. Regretfully, there is insufficient evidence to grant him relief on this issue.
2. The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110007863
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ABCMR Record of Proceedings (cont) AR20110007863
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