IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140012750
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Medical Badge (CMB).
2. The applicant states he served as a medic while in the military service and that his DD Form 214 should reflect award of the CMB instead of the Combat Infantryman Badge (CIB).
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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the DD Form 214 as provided by the applicant and available regulations offer sufficient information for the Board to conduct a fair and impartial review of this specific request.
3. The applicants DD Form 214 indicates:
a. he was inducted into the Army of the United States on 2 October 1952;
b. he held a medical specialty 1666 and was a member of the Army Medical Corps;
c. he served overseas for a period of 1 year, 4 months, and 8 days (exact dates unavailable);
d. he was awarded:
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* CIB
* National Defense Service Medal
* Republic of Korea (ROK) Presidential Unit Citation
* Good Conduct Medal
e. his most significant duty assignment was with the Medical Company, 23rd Infantry Regiment; and
f. he was released from active duty on 19 August 1954.
4. Special Regulations Number 615-25-15, dated 15 November 1950, provides that military occupational specialty (MOS) 1666 was a chief medical aidman.
5. Army Regulation 600-8-22 (Military Awards):
a. Paragraph 8-6 provides for award of the CIB. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.
b. The CMB 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 Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in the ROK between 25 June 1950 and 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that DD Form 214 should be corrected to show award of the CMB because he served as a medic while in the military service.
2. The available evidence indicates that the applicant served in the ROK for more than a year during a period of combat. He was awarded the KSM and served in two campaigns. His DD Form 214 indicates he was awarded the CIB; however, there is no evidence showing he was an infantryman. The evidence does show he was a medic. Therefore, it is reasonable to presume that the entry on his DD Form 214 showing CIB was an error that should have read CMB. Accordingly, it would be appropriate to correct this error.
3. The evidence shows the applicant served during a qualifying period for award of the Republic of Korea War Service Medal. Therefore, this medal should be added to his DD Form 214.
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. deleting from his DD Form 214 the CIB; and
b. showing, in addition to the awards already shown on his DD Form 214, that his awards include:
* Republic of Korea War Service Medal
* 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) AR20130022122
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140012750
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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