MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 October 2002
	DOCKET NUMBER:   AR2002068528

	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. Carl W. S. Chun		Director	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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:  Reconsideration of his request for award of the Combat Medical Badge (CMB).

APPLICANT STATES:  In effect, that he was reassigned from the Medical Detachment Battery 439th Coast Guard Artillery Battalion to the 439th Anti-Aircraft Artillery (AAA) Automatic Weapons (AW) Battalion where Battery A and Battery C were converted to Company A and Company C.  He served as a medical aidman on the front lines in Pisa, Italy.  Seven men from his unit were killed, two were missing in action, and fifty-one were injured.  He was in direct contact with the enemy and he should be awarded the CMB for his service.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board’s original consideration of his case on 20 November 2001 (AR2001060626).  

The applicant provided as new evidence a copy of a letter from the Office of the Commanding General, Headquarters, Fifth Army, dated 7 December 1944.  The letter is addressed to the Commanding Officer of the 439th AAA (AW) Battalion wherein it commends the 439th AAA (AW) Battalion for their support on the front line to the Fifth Army.

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. The Combat Medical Badge was established to recognize medical aidmen who share the same hazards and hardships of ground combat on a daily basis with the infantry soldier.

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.  The Board considered the applicant’s contention that he served as a medical aidman with the 439th AAA (AW) Battalion on the front lines and under direct contact with enemy forces.  The Board also noted the information provided by him in support of his claim for the CMB.  

2.  Although the letter of commendation shows that the 439thAAA (AW) Battalion supported the Fifth Army on the front lines and under direct contact with enemy forces, it does not identify the applicant as being assigned to that unit.  Therefore, there is insufficient evidence on which to base award of the CMB.

3.  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

__JHL__  __MVT__  ___RTD__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX
CASE ID	AR2002068528	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/17	
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.	107.0013	
2.		
3.		
4.		
5.		
6.