Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120008494
Original file (20120008494.txt) Auto-classification: Denied

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008494



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140015405

    Original file (20140015405.txt) Auto-classification: Denied

    The applicant's complete military records are not available to the Board for review. Therefore, it appears he was awarded combat pay as a result of serving with the 23rd Infantry Regiment, which was designated as a "combat unit," for at least 6 days in April 1953 and not by virtue of being assigned or attached to that unit during engagement in active ground combat. There is no available evidence of record and he did not provide sufficient evidence showing he was personally present and...

  • ARMY | BCMR | CY2014 | 20140012750

    Original file (20140012750.txt) Auto-classification: Approved

    The applicant states he served as a medic while in the military service and that his DD Form 214 should reflect award of the CMB instead of the Combat Infantryman Badge (CIB). The applicant contends that DD Form 214 should be corrected to show award of the CMB because he served as a medic while in the military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the CIB; and b....

  • ARMY | BCMR | CY2005 | 20050016975C070206

    Original file (20050016975C070206.doc) Auto-classification: Approved

    Naomi Henderson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His DD Form 214 shows he was awarded the Korean Service Medal with 1 bronze service star and the orders supplied by the applicant also support the fact he saw combat in Korea as a medic. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Medical Badge, the National Defense...

  • ARMY | BCMR | CY2007 | 20070010034

    Original file (20070010034.txt) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Due to a fire at the National Personnel Records Center in 1973, the only available record for the Board to consider in its deliberation was his DD Form 214, which shows he held a medical MOS as a Medic and that his significant unit of assignment was the Medical Company of the 5th Cavalry Regiment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...

  • ARMY | BCMR | CY2014 | 20140012708

    Original file (20140012708 .txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected by adding awards of the Combat Medical Badge (CMB), Good Conduct Medal (GCM), Combat Ambulance Award and any unit awards to which he is entitled. The applicant states that he desires to be awarded the CMB, GCM, Combat Ambulance Award and any unit awards to which he is entitled and to have them added to his DD Form 214. The Board determined that the evidence presented...

  • ARMY | BCMR | CY2007 | 20070017508

    Original file (20070017508.txt) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the CIB effective 17 July 1953, while serving in the...

  • ARMY | BCMR | CY2007 | 20070007167

    Original file (20070007167.txt) Auto-classification: Denied

    Army Regulation 600-8-22 states, in pertinent part, that 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. Evidence of record shows that the applicant was assigned to the Medical Detachment, 25th Division Artillery and his principal duty while in Korea was a medical...

  • ARMY | BCMR | CY2006 | 20060012098

    Original file (20060012098.txt) Auto-classification: Approved

    The evidence of record shows that the applicant was awarded the Korean Service Medal and that he participated in 2 campaigns in Korea. Therefore, it would be appropriate to correct his records to show these two badges. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat Infantryman Badge for satisfactory performance of duty in ground combat against enemy ground forces from 4 November...

  • ARMY | BCMR | CY2008 | 20080014871

    Original file (20080014871.txt) Auto-classification: Approved

    The Report of Separation from the Armed Forces of the United States (DD Form 214) that he was furnished at the time of his retirement shows that he was awarded the Bronze Star Medal with "V" Device, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Purple Heart. The applicant's records show that he is entitled to award of the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2007 | 20070008201C080407

    Original file (20070008201C080407.doc) Auto-classification: Approved

    John G. Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, it would be appropriate to award the applicant the CIB and to add this award to his record and separation document at this time. 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 Infantryman Badge, for his qualifying infantry service in Korea; b. awarding...