MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            11 February 2000      
	DOCKET NUMBER:   AR1999029318

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	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.  He states that based on his service in Korea he should be awarded the Combat Medical Badge. In support of his request he submits documents confirming his period of active military service between 1953 and 1955.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 31 July 1953.  The applicant departed Seattle, Washington enroute to Korea on 15 February 1954.  He performed duties as an “aidman” while in Korea and in September 1954 was reassigned to the 25th Infantry Division in Hawaii.  The applicant remained in Hawaii until June 1955 when he returned to the United States where he was released from active duty on 7 July 1955.

Neither the applicant’s DD Form 214 nor his enlisted service record reflects entitlement to the Combat Medical Badge.

Army Regulation 600-8-22 states that the Combat Medical Badge was established as a companion badge to the Combat Infantryman Badge in March 1945.  The criteria for its award was intended to parallel that of the Combat Infantryman Badge and was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares with him the experiences unique to the infantry in combat.  As with the Combat Infantryman Badge, the infantry unit to which the medical personnel are assigned or attached must engage the enemy in active ground combat.  The military armistice agreement for the Korean War was signed at 10:00 a.m. on 27 July 1953.  As stipulated in the agreement, all fighting stopped twelve hours after the first signing, at 10:00 p.m., July 27, 1953.  Award of the Combat Infantryman Badge was not authorized for award in Korea after 27 July 1953 until 4 January 1969 when it was authorized for qualified medical personnel who served at least 60 days within the boundaries of the DMZ and then only if they were authorized hostile fire pay.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 7 July 1955, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 7 July 1958.

The application is dated 1 July 1999 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

___mkp_  ___gdp__  ___tbr__  CONCUR WITH DETERMINATION

		Karl F. Schneider
		Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029318	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000211	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.159	142.00	
2.		
3.		
4.		
5.		
6.