BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120008501 


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, in effect, reconsideration of the Board's denial of his previous request for award of the Combat Medical Badge and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his combat service in Korea.

2.  He states the Board wrongly interpreted the meaning of his initial request in that he did not want nor did he ever expect to receive any military decoration for the loss of his right eye.  He states the loss of his right eye was not the result of combat engagement nor did he ever claim it to be so.  He states the reason he initiated his original request was to be genuinely recognized for the service he rendered as a combat medic and to have his service record corrected accordingly.

3.  He provides no new documentary evidence; however, he provides a new argument which warrants consideration by the Board.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100026125 on 5 May 2011.

2.  In his original application, dated 12 October 2010, he requested correction of his DD Form 214 to show he engaged in combat action in the Korean War as a combat medic and that all appropriate citations/medals for that service be awarded.  He specifically stated that his DD Form 214 "notes that the loss of my right eye was a result of that engagement."  This statement was interpreted to mean he requested correction of item 29 (Wounds Received as a Result of Enemy Forces) of his DD Form 214 to show the loss of his right eye was the result of combat action.  He now denies claiming the loss of his right eye was a result of combat engagement.  His argument that the Board did not properly interpret his initial request in this regard requires the Board to reconsider his request.

3.  His military record shows he enlisted in the Regular Army on 6 February 1951.  He served in military specialty 3666 (Medical Technician).  He served in Korea from 25 September 1951 to on or about 17 January 1952 with the 23d Infantry Regiment.

4.  On 11 June 1952, a physical evaluation board convened and considered his disability of the absence of his right eyeball, secondary to a gunshot wound.  The medical history and clinical record show the applicant received an accidental gunshot wound to his right eye on 10 January 1952 when an American Soldier's .38-caliber automatic weapon accidentally discharged.  The board noted the injury did not incur in combat with an enemy of the United States and was not the result of intentional misconduct.

5.  He was honorably retired in the rank of private first class on 30 June 1952 by reason of permanent physical disability.  He was credited with completing 1 year, 4 months, and 25 days of active service with 5 months and 26 days of foreign service and no lost time.

6.  Army Regulation 600-8-22 (Military Awards) states the Combat Medical Badge was issued by the War Department on 1 March 1945.  It could be awarded to enlisted men of the Medical Department assigned or attached to the medical detachment of infantry regiments, infantry battalions, and elements thereof designated as infantry in tables of organization.  Its evolution stemmed from a requirement to recognize medical aidmen who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier.  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.  Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time did not provide for recording combat service or the location of foreign service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  At the time of his separation from active duty on 30 June 1952, there was no provision for recording combat service or the location of foreign service on the DD Form 214 aside from citing the individual and unit awards associated with foreign and combat service.

2.  Army Regulation 600-8-22 shows the Combat Medical Badge is awarded to enlisted medical aidmen who accompanied infantrymen into battle and shared the experiences unique to the infantry in combat.  The badge was never intended to be awarded to all medical personnel who served in a combat zone or imminent danger area.

3.  The evidence of record shows he served as a medical technician with the 23rd Infantry Regiment during his overseas service in Korea.  The available service records do not indicate he either participated in actual ground combat or accompanied infantrymen into battle.  His available records also do not show he received any awards for valor or achievement that would indicate he was personally involved in active ground combat against the enemy.  As such, there is insufficient evidence to award him the Combat Medical Badge or add it to his DD Form 214.

4.  Regrettably, in view of the foregoing there is insufficient evidence to grant the applicant's request.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100026125, dated 5 May 2011.



      ___________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)                                         AR20120008501



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ABCMR Record of Proceedings (cont)                                         AR20120008501



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