IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120020419 


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 award of the Combat Medical Badge (CMB) instead of the listed "Medical Badge."

2.  The applicant states he believes it was a clerical error.

3.  The applicant provides a copy of his WD AGO Form 53-55 and DD Form 303A (Armed Forces of the United States Discharge Certificate).

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 record is 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 his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered primarily using his WD AGO Form 53-55 and several documents provided by the National Personnel Records Center, St. Louis, MO.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 17 November 1943 and entered active duty on 8 December 1943.  His most significant unit of assignment was Company B, 1st Medical Battalion, 1st Infantry Division.  He was honorably discharged on 3 May 1946 after completing a total of 2 years, 4 months, and 26 days of active military service.  He held the rank of technician 3rd grade on the date of his separation.

4.  His WD AGO Form 53-55 also contains the following pertinent information.

	a.  Item 30 (Military Occupational Specialty (MOS) and Number) shows his MOS was 861 (Surgical Technician).

	b.  Item 31 (Military Qualifications and Date) shows he was awarded the "Medical Badge."

	c.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.

	d.  Item 33 (Decorations and Citations) shows he was awarded the Army Good Conduct Medal, Army of Occupation Medal (Germany), European-African-Middle Eastern Campaign Medal, and World War II Victory Medal.

	e.  Item 34 (Wounds Received in Action) shows "None."

	f.  Item 36 (Service Outside Continental United States and Return) shows he arrived in Scotland on 1 October 1944 and departed for the continental United States on 20 April 1946.

5.  His record contains a WD AGO Form 20 (Soldier's Qualification Card) which shows he performed duties as a medical technician and as a surgical technician with Company A, 315th Medical Battalion, and as a litter bearer with Company B, 324th Medical Battalion throughout his service in the European Theater of Operations.

6.  Information extracted from his WD AGO Form 24 (Service Record) shows:

* General Orders 622, issued by Headquarters, 90th Infantry Division, dated 13 August 1945, awarded him the Medical Badge
* he received Medical Badge pay on 30 November 1945 

7.  Army Regulation 600-8-22 (Military Awards) provides, 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.  Additionally, World War II holders of the Combat Medical Badge received a monthly pay supplement known as Medical Badge Pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.

8.  Army Regulation 600-8-22 further provides that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the CMB is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

9.  Army Regulation 600-8-22 further provides that the American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes service within the continental United States for an 
aggregate period of 1 year.

10.  Army Regulation 600-8-22 provides that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  The regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal to include the European-African-Middle Eastern Campaign Medal.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his WD AGO Form 53-55 should be corrected to show award of the CMB instead of the "Medical Badge" was carefully considered and determined to have merit.

2.  The evidence further shows he received the Medical Badge and was in receipt of Medical Badge pay.  As a result, it is reasonable to presume he met the criteria for award of the Combat Medical Badge and it would be appropriate to correct his record to show this award.

3.  By regulation, the BSM is authorized to members who received the CMB during World War II.  The evidence shows the applicant should have been awarded the CMB.  As a result, it would be appropriate to award the BSM to the applicant at this time and to correct his WD AGO Form 53-55 to show this award.

4.  The available evidence shows he served a qualifying period for award of the American Campaign Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this medal.

5.  The applicant received campaign participation credit for two campaigns in the in the European African-Middle Eastern Theater.  Therefore, he is entitled to award of two bronze service stars for wear with his previously-awarded European-African-Middle Eastern Campaign Medal and correction of his         WD AGO Form 53-55 to show these service stars.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the BSM based on award of the CMB, effective 13 August 1945;

	b.  deleting the "Medical Badge" from item 31of his WD AGO Form 53-55   and replacing it with the CMB; and

	c.  adding to item 33 of his WD AGO Form 53-55 the:

* BSM
* American Campaign Medal
* Two bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal




      _______ _   ___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)                                         AR20120020419





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ABCMR Record of Proceedings (cont)                                         AR20120020419



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