IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015582
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 Combat Medical Badge (CMB).
2. The applicant states he was a combat medic and his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show his CMB.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows:
* he entered active duty in New York, New York, on 11 May 1949
* at the time of his separation, he held military occupational specialty (MOS) 3666 (Medical Technician)
* his most significant duty assignment was with Medical Detachment, USA Hospital, 5051 Army Service Unit (ASU), at Camp Atterbury, Indiana
* he completed 3 years, 2 months, and 12 days of total net service, of which 1 year, 4 months, and 10 days was foreign service
* he was honorably discharged on 1 August 1952 in the rank/grade of private first class/E-3
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the Korean Service Medal with 5 bronze stars. It does not show the CMB.
5. A hospital admission card, which documents his treatment for acute bronchitis on 26 December 1950, shows he served in the 53rd Anti-Aircraft Artillery Battalion.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the CMB has been carefully considered.
2. The applicant's medical MOS and service in Korea are not in question. However, there is no evidence and he does not provide any that 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 (emphasis added). A hospital admission card shows he was assigned to the 53rd Anti-Aircraft Artillery Battalion. Regretfully, this unit does not meet the requirements for award of the CMB. Therefore, based on the available evidence there is insufficient evidence to award the CMB.
3. The applicant and all others concerned should know this action 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 for correction of the records of the individual concerned.
_____________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) AR20110007863
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ABCMR Record of Proceedings (cont) AR20140015582
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