RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 October 2007 DOCKET NUMBER: AR20070006371 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. Ms. Catherine C. Mitrano Director Mr. Dean L. Turnbull Analyst The following members, a quorum, were present: Ms. Ann N. Campbell Chairperson Ms. LaVerne M. Douglas Member Mr. Jeffrey C. Redmann Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his records be corrected to show the Combat Medical Badge. 2. The applicant states, in effect, that while he was serving as a corporal he was a poor, dumb GI and wouldn't have access to general orders for the Combat Medical Badge. He further states that he should have received the Combat Medical Badge because he was put on a "LCI" (sic) on 15 August 1945 on Yellow Beach at 8:02 during the second wave in Southern France. 3. He states, in effect, getting off the "LCI" they were on a beach in a slit trench when they heard the Germans firing from a large dune beach from three bunkers. He states when they looked back the Germans stopped shooting and they took their "MG's" (sic) and ran away behind the dunes. He states, in effect, he ran up the dune behind the trenches in their direction but he never saw them again. He stopped on top of a hill and waited until the German plane flew over (not shooting). He then jumped into a trench and a buddy jumped on top of him and he received a bad cut on his shoulder. He was taken to the "MEDs" and they patched him up. "No Purple Heart." He further states that the authorization for awards he received on 2 May 2007 did not include his other awards, such as the arrowhead for Southern France campaign. 4. The applicant provides a copy of his WG AGO Form 53-55 (Enlisted Record and Report of Separation), a written statement, and a letter from the National Personnel Records Center dated 5 February 2007. 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 applicant’s 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 applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant's reconstructed military records show that he was inducted into the Army of the United States on 13 August 1943 and entered active duty on 3 September 1943. His military occupational specialty (MOS) was 346 (Truck Driver Light). 4. Item 6 (Organization) of his WD AGO Form 53-55 shows that his last organization prior to his separation was the 309th Medical Battalion. 5. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows the entry Central Europe, Rhineland, Rome-Arno, and Southern France. 6. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the entry American Service Medal, European-African-Middle Eastern Service Medal, Good Conduct Medal, and World War II Victory Medal. However, it does not show the award of the Combat Medical Badge. 7. Item 36 (Service outside Continental U.S. and Return) of his WD AGO Form 53-55 shows that he served in the Mediterranean Theater of Operation (MTO) during the period 14 June 1944 to 12 August 1944 and the European Theater of Operation (ETO) during the period 15 August 1944 to 8 January 1946. 8. He was honorably discharged for the convenience of the government due to demobilization on 24 January 1946. He served a total of 2 years, 4 months, and 23 days of active service. 9. Army Regulation 600-8-22 (Military Awards) 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 and the Soldier must have been personally present and under fire during such ground combat. 10. Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal 11. A review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 33 of his WD AGO 53-55. 12. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he should have been awarded the Combat Medical Badge and the “arrowhead” for the Southern France campaign. 2. There is no evidence to show that the applicant served in any capacity which could be classified as medical department personnel, a prerequisite for award of the Combat Medical Badge. Additionally, there is no evidence to show he was engaged in active ground combat and personally present and under fire during ground combat, another prerequisite for award of the Combat Medical Badge. Therefore, he is not entitled to correction of his records to show this award. 3. The applicant’s contention that he did not receive the arrowhead for the Southern France campaign is noted. However, there is insufficient evidence to show he physically exited an aircraft or a watercraft as required for award of the arrowhead device on his European-African-Middle Eastern Service Medal. Therefore, he is not entitled to correction of his records to show this award. 4. Evidence shows that the applicant is entitled to the Army of Occupation Medal with Germany Clasp based on qualifying service between 9 May 1945 and 5 May 1955. Therefore, he is entitled to correction of his records to show this award. 5. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___lmd__ ___jcr___ ___amc__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show Army of with Occupation Medal with Germany Clasp. 3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _________Ann M. Campbell______ CHAIRPERSON INDEX CASE ID AR20070006371 SUFFIX RECON 20071002 DATE BOARDED YYYYMMDD 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. 2. 3. 4. 5. 6.