IN THE CASE OF:	  

		BOARD DATE:  5 February 2013

		DOCKET NUMBER:  AR20120008298 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the:

* Bronze Star Medal under the provisions of Executive Order 9419, dated 4 February 1944
* Army of Occupation Medal with Germany Clasp
* Combat Medical Badge

2.  He states he was never awarded the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, or Combat Medical Badge for his service as a medic while assigned to Headquarters, 326th Airborne Medical Company, 101st Airborne Division in the European Theater of Operations (ETO) (Germany) during World War II (WWII).  He further states he was unaware of this oversight until he received a response from the National Personnel Records Center (NRPC) located in St. Louis, MO.

3.  He provides his WD AGO Form 53-55 and a letter from the NRPC.

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.  His military record is not available for review.  A fire destroyed approximately 18 million service members’ records at the NRPC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents available to conduct a fair and impartial review of this case.
This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55, WD AGO Form 100 (Separation Qualification Record), and War Department Form 372A (Final Payment - Worksheet) provided by the NPRC.

3.  His WD AGO Form 53-55 contains the following pertinent information:

* he was inducted into the Army of the United States on 20 April 1943 and entered active duty on 27 April 1943
* his military occupational specialty was 409 (Medical Technician)
* his unit of assignment was the 104th General Hospital
* he served in the ETO from 28 June 1944 until his departure enroute to the continental United States (CONUS) on 29 December 1945
* he held the rank/grade of Technician Fifth Grade (T/5 or TEC 5) at the time of separation
* he was honorably discharged on 18 January 1946 after completing a total of 2 years, 8 months, and 29 days of active military service
* he served a total of 1 year, 2 months, and 4 days in CONUS
* he served a total of 1 year, 6 months, and 18 days outside CONUS

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Ardennes, Central Europe, and Rhineland campaigns of WWII.

5.  His WD AGO Form 53-55 shows he was awarded or authorized the:

* American Service Medal (properly known as the American Campaign Medal)
* Good Conduct Medal
* European-African-Middle Eastern Campaign Medal
* WWII Victory Medal
* Glider Badge
* Honorable Service Lapel Button WWII

6.  The Summary of Military Occupations portion of the applicant's WD AGO Form 100 contains the following entry:

"MEDICAL TECHNICIAN:  gave emergency medical treatment to 
casualties and prepared them for evacuation.  Cleaned and bandaged 
injuries and wounds, applied arm and leg splints;  Administered 
hypodermic injections and sterilized instruments and equipment.  
Served 19 months overseas in the European Theater of Operations, 
with the 104th General Hospital."

7.  The applicant's War Department Form 372A rendered at the time of his separation on 18 January 1946 does not show he was entitled to Medical Badge Pay or Pay for Awards.

8.  The applicant provides a letter from the Director for Military Records, NRPC, St. Louis, MO, dated 12 April 2012, which was rendered in response to an inquiry from his Member of Congress.  The Director informed the Member of Congress that the applicant's records had been destroyed in the fire on 12 July 1973 and his complete records cannot be reconstructed.  However, the NRPC was pleased to authorize shipment of the following awards based on documents he had provided and/or official documents available:

* American Campaign Medal
* Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with 3 bronze service stars
* WWII Victory Medal
* Glider Badge by General Order 27 issued by Headquarters, 326th Airborne Medical Company, dated 21 August 1945
* Honorable Service Lapel Button WWII

9.  The Director also informed the Member of Congress no record had been found to show the applicant is authorized the Combat Medical Badge or the Bronze Star Medal.  In addition, they were unable to verify the applicant's period of service in the 326th Airborne Medical Company and therefore cannot determine entitlement to unit awards indicated in his request.  In closing, the Director advised the Member of Congress that the NRPC has no authority to review and approve amendments or corrections to military records and referred him to the ABCMR to pursue further relief.

10.  The applicant's available record is void of any evidence and he has not provided any evidence showing he was awarded the Bronze Star Medal, Combat Medical Badge, or Army of Occupation Medal with Germany Clasp.

11.  Army Regulation 600-8-22 (Military Awards) shows the Bronze Star Medal was established by the authority of the President of the United States in Executive Order 9419, dated 4 February 1944.  This regulation states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

12.  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.

13.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  This document shows that neither the 326th Airborne Medical Company nor the 104th General Hospital was credited with the occupation of Germany, but the 104th Evacuation Hospital was.  There is no indication that the 104th General Hospital was specifically awarded any unit awards.

14.  Review of the WWII U.S. Medical Research Centre internet website shows the 104th General Hospital and the 104th Evacuation Hospital existed at the same time.

15.  Army Regulation 600-8-22 further states that for award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
16.  Army Regulation 600-8-22 states that, effective 3 May 1961, the Glider Badge is no longer awarded.  An individual who was awarded the badge upon satisfying then-current eligibility requirements may continue to wear the badge.  Further, it may be awarded retroactively upon application to the U.S. Army Human Resources Command when it can be established that the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or to the Airborne Department of the Infantry School or by participation in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his WD AGO Form 53-55 should be corrected to show he was awarded the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, and Combat Medical Badge were carefully considered and determined to lack merit.

2.  The applicant's available record is void of any evidence and he has not provided any evidence showing he was recommended for or awarded the Bronze Star Medal.  Therefore, it would be inappropriate at this time to amend his record to show receipt of this award.

3.  The applicant's available record is void of any evidence and he has not provided any evidence showing he was recommended for or awarded the Combat Medical Badge.  Additionally, there is no evidence showing he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat with the enemy and that he was personally present and under fire during such ground combat.  Therefore, it would be inappropriate at this time to amend his record to show receipt of this badge.

4.  His WD AGO Form 53-55 shows he was awarded the Glider Badge by General Order 27 issued by Headquarters, 326th Airborne Medical Company, dated 21 August 1945, which indicates he either satisfactorily completed the proficiency tests then prescribed while assigned or attached to the unit OR that he participated in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.  However, his record is void of any definitive evidence and he has not provided any definitive evidence showing he was actually assigned to the unit and if so, for what period of time.  To the contrary, his WD AGO Form 100 clearly shows he served his entire time in the ETO with the 104th General Hospital.
5.  Department of the Army Pamphlet 672-1 does not credit the 104th General Hospital or the 326th Airborne Medical Company with performing occupation duties in Germany or receipt of any other unit awards during his period of service.  Based upon the foregoing, he is not eligible for correction of his DD Form 214 to show award of the Army of Occupation Medal with Germany Clasp.

6.  This action in no way diminishes the sacrifices made by him in service to our Nation.  He 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)                                         AR20120008298





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ABCMR Record of Proceedings (cont)                                         AR20120008298



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