IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120008494
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 Army Good Conduct Medal and Combat Medical Badge.
2. The applicant states that his military occupational specialty (MOS) 1666 (Medical Technician) and his combat service in Korea make him eligible for these awards.
3. The applicant provides:
* DD Form 214 (Report of Separation from the Armed Forces of the United States), effective 27 April 1953
* Special Orders Number 74, Headquarters, 52d Medical Battalion, Korea
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 records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, his DD Form 214 is considered sufficient documentation to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 22 May 1951. During his period of service he held MOS 1666 (Medical Technician). His most significant assignment was with the 568th Medical Company (Ambulance), Korea. Special Orders Number 74 provided by the applicant confirm this assignment.
4. His DD Form 214 shows he completed 1 year, 11 months, and 6 days of active military service of which 7 months and 7 days were foreign service. He was honorably released from active duty on 27 April 1953.
5. His DD Form 214 does not show award of the Combat Medical Badge or Army Good Conduct Medal.
6. 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.
7. For example, medical personnel serving in division level medical companies, ground ambulance and medical clearing companies, mobile-Army surgical hospitals, combat support hospitals, field hospitals, and aero-medical evacuation units are not eligible for the Combat Medical Badge. The sole criteria that qualifies medical personnel for award of the Combat Medical Badge is assignment or attachment to an infantry unit engaged in active ground combat.
8. Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Army Good Conduct Medal and Combat Medical Badge.
2. The sole qualifying criteria to award medical personnel the Combat Medical Badge is assignment or attachment to an infantry unit engaged in active ground combat. The evidence shows he held a qualifying MOS for award of the Combat Medical Badge. However, there is no evidence showing he performed duty as a medic in active ground combat while serving with an infantry unit. Therefore, he does not meet the criteria for award of the Combat Medical Badge.
3. The applicant's honorable service to our Nation is not in question. However, lacking evidence to show he was recommended for or awarded the Army Good Conduct Medal, it is impossible to determine the character of his conduct and efficiency ratings for the entire period of qualifying service.
4. In view of the above, there is insufficient evidence to grant relief in this case.
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 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) AR20120008494
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ABCMR Record of Proceedings (cont) AR20120008494
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