MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 December 1999
	DOCKET NUMBER:   AR1999028813

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Combat Medical Badge.

APPLICANT STATES:  That he ran an aid station from 25 December 1944 to 8 May 1945 during which time he serviced the field artillery units of the 66th Infantry Division.  He also states that he serviced two French infantry companies and was sent with a relief column into the Battle of the Bulge to inventory the aid stations of the infantry divisions.  The applicant also states that the Department of Veterans Affairs saw fit to award him 40% disability and that he did not get hurt “doing nothing”.  

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty as a Dental Officer on 1 May 1943.  He served in the European-African-Middle Eastern Theater of Operations from 12 December 1944 to 10 June 1946 and honorably relieved from active duty on 19 August 1946.  

The applicant’s WD AGO Form 53-98 (Military Record and Report of Separation), which is authenticated in his own hand, does not show the Combat Medical Badge as an authorized award.  There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Medical Badge. 

The applicant’s WD AGO Form 53-98 shows that he was assigned to an engineer battalion of the 66th Infantry Division.  There is no evidence that he served in the medical unit of an infantry regiment or that he served in an infantry unit in active ground combat. 

Army Regulation 600-8-22 provides, in pertinent part, that 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Combat Medical Badge.

2.  There is no evidence the applicant served a period of qualifying service in a medical unit of an infantry regiment in active ground combat with the enemy as required by regulation for award of the Combat Medical Badge.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

GDP____  CLG_____  CJP____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028813	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991229	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460819	
DISCHARGE AUTHORITY	RR-1	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHMEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.