IN THE CASE OF:	  

		BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140012708 


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 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.

2.  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.

3.  The applicant provides a copy of his DD Form 214.

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 complete 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 the applicant's records were partially destroyed in that fire.  However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted on 9 January 1952.  He was transferred to Fort Ord, California and then to Camp Pickett, Virginia to undergo training as a medical corpsman.

4.  On 4 June 1952 he was convicted by a summary court-martial of being absent without leave (AWOL) from 5 May to 17 May 1952.  He was sentenced to a forfeiture of $50.00 and restriction for 30 days. 

5.  He was transferred to Camp Stoneman, California for further transfer to Japan and arrived in Japan on 11 August 1952.  He departed Japan on 19 September and arrived in Pusan, Korea on 20 September 1952.  He was initially assigned to the 421st Medical Collection Company and was then transferred to the 584th Medical Company (Ambulance) where he remained for the remainder of his tour.

6.  He departed Korea on 4 December 1953 and was transferred to Camp Stoneman where he remained until he was honorably released from active duty (REFRAD) on 31 December 1953.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the United Nations Service Medal, Korean Service Medal with three bronze service stars, and National Defense Service Medal. 

7.  The available records failed to reveal any conduct and efficiency ratings and also failed to show that he was awarded the CMB or that he met the criteria for award of the CMB. 

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 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 (emphasis in the original) ratings of less than “excellent” entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  

9.  Army Regulation 600-8-22 (Military Awards) states 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.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

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.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Korea.  This pamphlet fails to show that any of the applicant’s units received any unit awards during the period of his assignment. 

12.  A review of Army Regulation 600-65,  in effect at the time, failed to reveal any such award as a Combat Ambulance Award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the ROKWSM and is entitled to be issued that award and to have it added to his DD Form 214.

2.  The applicant’s contention that he should be awarded the CMB and GCM has been noted and appears to lack merit.  There is no evidence in the available records to show that he met the criteria for those awards.

3.  There is no listing for an award of the Combat Ambulance Award in the applicable regulation and therefore there is no basis for adding that award to his DD Form 214.

4.  Additionally, there is no listing of any unit awards for the applicant’s unit during the period he served.


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 issuing him the ROKWSM and adding it to his DD Form 214. 

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 awarding him the CMB, GCM, Combat Ambulance Award, and unit awards and adding them to his 
DD Form 214.  



      __________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)                                         AR20140012708





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ABCMR Record of Proceedings (cont)                                         AR20140012708



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