BOARD DATE:	 27 August 2014 

		DOCKET NUMBER:  AR20130021220 


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 the Combat Medical Badge.

2.  The applicant states his DD Form 214 (Report of Separation from the Armed Forces of the United States) omitted these awards.  The omission occurred during a period of service in several combat operations during the Korean War. 

3.  The applicant provides:

* DD Form 214
* Special Orders (SO) Number 69
* Pages of his WD AGO Form 24 (Service Record)

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 available records show he enlisted in the Regular Army on 30 June 1949.  He was trained in and held military occupational specialty (MOS) 3666 (Company Aidman). 

3.  Item 39 (Qualifications in Arms) of his DA Form 20 (Soldier Qualification Record) shows he qualified marksman with the M-1 rifle on 25 September 1949.

4.  His DA Form 24 shows in: 

	a.  Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period of Service) he served in Korea with the 1st Platoon, 514th Medical Clearing Company from 19 May 1951 to 30 December 1951. 

	b.  Section 9 (Remarks-Administrative) he received "excellent' conduct and efficiency ratings and he was favorably considered for award of the Army Good Conduct Medal. 

	c.  Section 14 (Service Outside Continental United States), he:

* departed San Francisco on 14 August 1950 and arrived in Yokohama, Japan on 26 August 1950
* departed Yokohama on 3 October 1950 and arrived in Pusan, Korea on 4 October 1950
* departed Inchon, Korea on 8 January 1952 and arrived in Sasebo, Japan on 9 January 1952
* departed Japan on 13 January 1952 and arrived back in Seattle, WA on 26 January 1952

	d.  Section 21 (Medals, Decorations, and Citations) shows: 

* [Meritorious] Unit Commendation, General Orders (GO) Number 352, issued by Headquarters, Eighth Army Korea on 26 May 1951
* [Army of] Occupation Medal (Japan), per Army Regulation 600-65 (Awards)
* Korean Service Medal, Department of the Army (DA) Message
* Bronze campaign stars, GO Number 55, DA, dated 26 July 1951
* United Nations Service Medal, per Army Regulation 600-65

5.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 21 August 1952.  He completed 3 years, 1 month, and 22 days of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the: 

* Korean Service Medal with 6 bronze service stars
* Army of Occupation Medal (Japan)
* United Nations Service Medal
* Distinguished Unit Insignia

6.  GO Number 352, issued by Headquarters, Eighth United States Army Korea, awarded the 514th Medical Clearing Company the Meritorious Unit Commendation.  The orders cited the following performance: 

For exceptionally meritorious conduct in the performance of outstanding services in Korea in support of combat operations during the period from 4 October 1950 to 15 April 1951.  During this period, the 514th Medical Clearing Company offered outstanding services in support of the United Nations Reception Center and the United Nations Forces in Taegu area by rendering second echelon medical support and the evacuation of patients to Army hospitals. 

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  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

	c.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years completed on or after 27 August 1940
* For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 30 June 1949 through 21 August 1952, thus completing 3 years, 1 month, and 22 days of honorable service.  He served during the Korean War, attained the rank/grade of SGT/E-5, received all "excellent" character and efficiency ratings throughout his military service.  He was favorably considered for the Army Good Conduct Medal.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period from 
30 June 1949 to 29 June 1952 and correct his DD Form 214 to show this medal.

2.  With respect to the Combat Medical Badge:

	a.  The applicant's medical MOS and his service in Korea are not in question. Likewise, his assignment to a medical unit is also not in question.  However, there is no evidence he was 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.

	b.  There is no evidence in the available records and he did not submit sufficient evidence that shows he was personally present and under fire during ground combat while serving in a medical unit that was organic to an infantry unit.  Notwithstanding his sincerity, in the absence of the above evidence there is insufficient evidence upon which to base award of the Combat Medical Badge in this case.

3.  The applicant served a qualifying period of service for award of the National Defense Service Medal; therefore, his records should be corrected to show this award. 

4.  The applicant qualified marksman with the M-1 rifle on 25 September 1949.  Therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and correction of his DD Form 214 to show this badge.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  __X______  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

* awarding him the Army Good Conduct Medal (1st Award) for the period  30 June 1949 through 29 June 1952
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award),  National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Medical Badge. 



      __________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)                                         AR20130021220





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ABCMR Record of Proceedings (cont)                                         AR20130021220



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