PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 December 2001
	DOCKET NUMBER:   AR2001058516

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

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to reflect all of the awards, medals and commendations that he received while he was in the Army.

3.  The applicant states, in effect, that he is entitled to the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Combat Medical Badge and additional awards that are not currently reflected on his WD AGO Form 53-55.  In support of his appeal, he submits a copy of the Special Orders authorizing him to wear the Bronze Service Arrowhead.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  The applicant’s military records show that he was inducted into the Army on 20 March 1942 and he successfully completed his training as a administrative noncommissioned officer.  

6.  He was honorably discharged on 17 October 1945.  The WD AGO Form 
53-55 that he was issued at the time of his discharge shows that he was awarded the European-African-Middle Eastern Campaign Medal with two Bronze Service Stars and one Bronze Arrowhead, and the Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge (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.

8.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the American Campaign Medal (ACM).  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the Continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

9.  Army Regulation 600-8-22 further provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal).  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10.  Army Regulation 600-8-22 states, in pertinent part, that the Meritorious Unit Commendation is awarded for outstanding wartime service of at least 6 continuous months.  Stateside units and those outside the area of operations are excluded.

CONCLUSIONS:

1.  There is no evidence in the available record that shows that the applicant was ever assigned or attached to a medical unit serving in a medical capacity while he was in the Army.  The available record clearly shows that he was an administrative NCO and; therefore, he is not entitled to the Combat Medical Badge.

2.  The applicant is entitled to the European-African-Middle Eastern Campaign Medal and that award is currently reflected on his WD AGO Form 53-55.

3.  However, an error was made during the preparation of the applicant’s WD AGO Form 53-55, which resulted in the omission of the American Campaign Medal, the World War II Victory Medal and the Meritorious Unit Commendation.  The evidence of record clearly shows that he served in the Army between 7 December 1941 and 31 December 1946.  His unit was also awarded the Meritorious Unit Commendation for outstanding wartime service of at least 6 continuous months.  Therefore, he is entitled to the World War II Victory Medal and the Meritorious Unit Commendation.

4.  Additionally, as a result of the applicant’s permanent assignment outside of the Continental United States, he is also entitled to the American Campaign Medal and his WD AGO Form 53-55 should be corrected to reflect those awards.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the American Campaign Medal, the World War II Victory Medal and the Meritorious Unit Commendation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jm____  ___inw __  ___tl  ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2001058516	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  112	107.0066	
3.  		
4.		
5.		
6.