BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130007776 


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:

* Combat Medical Badge
* Bronze Star Medal (presumably based upon award of the Combat Medical Badge)
* Presidential Unit Citation

2.  He states his discharge documents do not show his total service and contends his records were not updated upon his transfer from 2nd Division into the 99th Infantry at the end of the war.  He served as a combat medic assigned to Company B, 2nd Medical Battalion, 23rd Infantry Regimental Combat Team, 2nd Infantry Division during World War II.  He further states he was unaware of this oversight until he was reviewing his separation documents in preparation for the burial of his deceased wife.  When he attempted to obtain his military service records he received a response from the National Personnel Records Center (NRPC) located in St. Louis, MO informing him that they had been destroyed in a fire on 12 July 1973.  He served alongside his comrade BWVN who is still alive and willing to provide testimony of his service.  The applicant is over 93 years old and would love to get his records corrected before he dies. 




3.  He provides:

* his WD AGO Form 53-55
* his WD AGO Form 100 (Separation Qualification Record)
* 4 letters
* BWVN's DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty))
* a magazine article
* 2 photographs

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 complete 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, and War Department Form 372A (Final Payment - Worksheet) provided by the NPRC and/or the applicant.

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

* he enlisted in the Regular Army on 7 August 1940
* his military occupational specialty (MOS) was 014 (Automotive Mechanic)
* he was awarded the Motor Vehicle Qualification Badge
* he successfully completed the Mechanics course in 1943
* his unit of assignment was Headquarters and Headquarters Detachment, 324th Medical Battalion
* he served in the European Theater of Operations (ETO) from 18 October 1943 until his departure enroute to the continental United States (CONUS) on 17 September 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 12 October 1945 after completing a total of 5 years, 2 months, and 6 days of active military service
* he served a total of 3 years, 2 months, and 16 days in CONUS
* he served a total of 1 year, 11 months, and 20 days outside CONUS

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

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

* American Defense Service Ribbon (properly known as the American Campaign Medal)
* European-African-Middle Eastern Campaign Medal with 1 Silver Battle Star
* 4 Overseas Service Bars
* 1 Service Stripe
* Good Conduct Medal
* WWII Victory Medal
* Honorable Service Lapel Button WWII

6.  The applicant's WD AGO Form 100 contains the following pertinent information in the sections indicated:

	a.  Service Education:  he completed the 9-week Automotive Mechanic course.

	b.  Military Specialties:  he served 2 years and 10 months in MOS 345 as a Light Truck Driver and 2 years and 2 months in MOS 014 as an Automotive Mechanic.

	c.  Summary of Military Occupation and Civilian Conversions:  Inspected, maintained, serviced and repaired military vehicles.  He worked on motors, brakes, transmissions, wire systems, carburetors and bodies.  He did acetylene welding.  He instructed military personnel in automotive mechanics.  He dispatched trucks and kept records on 1000 and 6000 mile inspections.

7.  The applicant's War Department Form 372A rendered at the time of his separation on 12 October 1945 does not show he was entitled to Medical Badge Pay or Pay for Awards.  This form also shows his previous organization as Headquarters, 324th Medical Battalion, 99th Infantry Division.

8.  The applicant's available record is void of any evidence and he has not provided any evidence showing that he ever held a medical MOS, that he was assigned to Company B, 2nd Medical Battalion, or that he was awarded the Bronze Star Medal, Combat Medical Badge, or Presidential Unit Citation.  

9.  The applicant provides:

	a.  an undated letter rendered by BWNV as certification that the applicant served along with him as a combat medic during World War II, he participated in all five of the ETO campaigns.  When the war ended, they were in Czechoslovakia and were classified as "High-Pointers."  Therefore, they did not have to go to the Pacific Theater for future combat.  They were transferred from the 2nd Division into the 99th Infantry Division from which they were discharged upon their arrival back in CONUS.  Their records were not updated upon their transfers and then the fire that occurred on 12 July 1973 took care of their records for good.  BWNV states he was awarded the Combat Medical Badge for his services as a combat medic and the applicant is also deserving of the badge.

	b.  another undated letter rendered by BWNV and addressed to the applicant's daughter.  The author informed her that he had recently enrolled with the Department of Veterans Affairs (VA) and he was sending her some documentation that shows the decorations and awards that he and the applicant earned during World War II and could prove useful in getting his records updated.

	c.  BWNV's DD Form 215 showing BWNV's WD AGO Form 53-55, dated 6 October 1945, was corrected on 21 October 2002 by adding the Combat Medical Badge and the Bronze Star Medal.

	d.  two letters rendered by the Commander, 23rd Infantry Regimental Combat Team, dated 20 April 1945 and 16 May 1945, wherein he expressed his appreciation to the officers and men of the combat team for what they had accomplished in the war effort.  The commander provided a synopsis of the unit's achievements and their losses and offered his congratulations for a job well-done.  There was no specific mention of the applicant or the 324th Medical Battalion in either letter.

	e.  an article extracted from the March - April 2013 issue of a publication titled "The Indianhead."  This article informed readers that according to Army Regulation 600-8-22 (Military Awards) if they have been awarded the Combat Infantryman Badge or Combat Medical Badge between 7 December 1941 and 2 September 1945, they were also entitled to wear the Bronze Star Medal.  The article also provided information on how to apply for this award by submitting a copy of their Combat Infantryman Badge or Combat Medical Badge documentation to the NPRC.

	f.  a photograph of three Soldiers posed by an Army ambulance in a field environment.  The vehicle identification numbers on the bumper of the ambulance appear to indicate it was from Company B, 2nd Medical Battalion.

	g.  a photograph of a Soldier in dress uniform bearing a 2nd Infantry Division shoulder patch and what appears to be Medical branch insignia on the lapels.

10.  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.

11.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal 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 Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

12.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 


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 does not show that the 324th Medical Battalion, 99th Infantry Division was awarded the Distinguished Unit Citation now known as the Presidential Unit Citation.  Additionally, this document does not specifically show that the 2nd Medical Battalion, 23rd Infantry Regimental Combat Team was awarded this unit award.  The 2nd Battalion, 23rd Infantry Regiment was awarded the Distinguished Unit Citation for action during the period 13 -20 January 1945.

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, Combat Medical Badge, and Presidential Unit Citation were carefully considered.

2.  The applicant's available record is void of any evidence and he has not provided any evidence showing that he ever held a medical MOS. 

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 that he was entitled to receive Medical Badge Pay, 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.  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.  Additionally, since there is insufficient evidence upon which to base award of the Combat Medical Badge, it cannot serve as the catalyst for awarding him the Bronze Star Medal.  Therefore, it would be inappropriate at this time to amend his record to show receipt of this award.

5.  The applicant's available record is void of any evidence and he has not provided sufficient evidence showing he was assigned to Company B, 2nd Medical Battalion.  His available record shows he was assigned to Headquarters and Headquarters Detachment, 324th Medical Battalion, 99th Infantry Division.

6.  Department of the Army Pamphlet 672-1 does not credit the 324th Medical Battalion, 99th Infantry with award of the Distinguished Unit Citation.  Based upon the foregoing, he is not eligible for correction of his DD Form 214 to show award of the Presidential Unit Citation at this time.

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.  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.




      _______ _  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)                                         AR20130007776





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