IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140015405 


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 reconsideration of his previous request for award of the Combat Medical Badge.

2.  The applicant states he disagrees with the Board's decision, dated 2 July 2014, which denied his entitlement to include the Combat Medical Badge on his DD Form 214 (Report of Separation from the Armed Forces of the United States).  He enlisted in the U.S. Army on 17 August 1952 for a period of 2 years. He completed training at Fort Meade, MD, for a first aid attendant/medic and was subsequently transferred to Korea.  He was assigned to the Medical Company, 23th Infantry Regiment.  He is attaching a copy of his eligibility certificate to receive combat pay for the month of April 1953 signed by the commanding officer, Captain Rxx A. Dxxxxxx.  In effect, he was awarded the Korean Service Medal with 1 bronze service stars for meritorious service.  

3.  The applicant provides copies of the following:

* Certificate
* letter to the 23rd Infantry Regiment
* Combat Pay memorandum

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130019593 on 1 July 2014.
2.  The applicant provides copies of a Certificate, his letter to the 23th Infantry Regiment, and a Combat Pay memorandum.  This is new evidence that will be considered by the Board.

3.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation contained in  a reconstructed record and those submitted by the applicant for the Board to conduct a fair and impartial review of this case.

4.  His available military records show he enlisted in the Regular Army, in pay    grade E-1, on 17 August 1951, for 2 years.  During his period of service he held military occupational specialty (MOS) 1666 (Medical Technician).  His most significant assignment was with the Medical Company, 23rd Infantry Regiment.

5.  He provided copies of the following:

   a.  A Certificate, dated 5 May 1953, which certified his eligibility to receive combat pay for the month of April 1953 if the Medical Company, 23rd Infantry Regiment was designated as a unit to receive combat pay.

   b.  A letter to the 23rd Infantry Regiment, dated 14 July 1953, wherein he stated he was enclosing a certificate which entitled him to combat pay for inclusion in his records; he also requested a statement, prior to his discharge on 16 August 1953, from the unit verifying that he was eligible.

   c.  A Combat Pay memorandum, dated 23 July 1953, which certified the Medical Company, 23rd Infantry Regiment, was designated as a unit to receive combat pay and the applicant was entitled to combat pay for the month of April 1953. 

6.  He was honorably released from active duty on 18 August 1953 and was transferred to the Enlisted Reserve Corps, Army Medical Department.  He was credited with completing 2 years and 2 days of active service and 1 year, 1 month, and 4 days of foreign service.  His DD Form 214 lists the:

* Korean Service Medal with 2 bronze service stars
* National Defense Service Medal
* United Nations Service Medal

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

8.  For example, medical personnel serving in division level medical companies, ground ambulance and medical clearing companies, mobile-Army surgical hospitals, combat support hospitals, field hospitals, and aero-medical evacuation units are not eligible for the Combat Medical Badge.  The sole criteria that qualify medical personnel for award of the Combat Medical Badge is assignment or attachment to an infantry unit engaged in active ground combat.

9.  The Combat Duty Pay Act of 1952 authorized Combat Pay for service members deployed to Korea and represented the first modern form of direct combat compensation.  The Combat Pay Act awarded $45 per month to members serving at least 6 days in a month in designated "combat units" or those wounded, injured, or killed by hostile fire.  Defined by statute, "combat units" were effectively restricted to frontline ground units with the intent that special recognition extend only to those enduring the worst "hazards and hardships" of war.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's MOS of medical technician and assignment to the 23rd Infantry Regiment are not in question; however, by regulation, the sole qualifying criteria to award medical personnel the Combat Medical Badge is assignment or attachment to an infantry unit engaged in active ground combat.

2.  Notwithstanding the documentation he submitted which certified his eligibility to combat pay for the month of April 1953, the Combat Duty Pay Act of 1952 authorized Combat Pay for service members deployed to Korea and serving at least six days in a month in designated "combat units."  Therefore, it appears he was awarded combat pay as a result of serving with the 23rd Infantry Regiment, which was designated as a "combat unit," for at least 6 days in April 1953 and not by virtue of being assigned or attached to that unit during engagement in active ground combat.

3.  There is no available evidence of record and he did not provide sufficient evidence showing he was personally present and performing medical duties while assigned or attached to an infantry unit that was actively engaged in active ground combat during his period of service in Korea.  By regulation 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 for award of the Combat Medical Badge.  Regretfully, there is insufficient evidence to grant him the requested relief.

4.  In making this determination, the applicant and all others concerned should know that this nation in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 to amend the decision of the ABCMR set forth in Docket Number AR20130019593, dated 1 July 2014.



      _____________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)                                         AR20140015405



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ABCMR Record of Proceedings (cont)                                         AR20140015405



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