BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000673 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000673 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000673 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Combat Medical Badge. 2. The applicant states he was a combat medic on active duty in Korea and he was awarded the Korean Service Medal with 2 bronze service stars. He feels he is entitled to this badge and he does not know why it is not listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States). 3. The applicant provides his DD Form 214. 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 to the Board 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 for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty in New York City, NY, on 23 October 1950. He was honorably discharged on 1 September 1953, in the rank/grade of corporal/E-4. This form further shows at the time of separation: * he held military occupational specialty (MOS) 2861 (Operations Room Technician) * his most significant duty assignment was with the Surgeon General’s Office, Valley Forge Hospital, PA 4. His DD Form 214 also shows he completed 2 years, 10 months, and 9 days of creditable military service, of which 1 year, 7 months, and 22 days was foreign service. 5. He was awarded or authorized the: * Good Conduct Medal * Army of Occupation Medal of Japan * Korean Service Medal with 2 bronze service stars * United Nations Service Medal * Commendation Ribbon with Medal Pendant (Army Commendation Medal) 6. The available evidence includes a letter, dated 17 July 1953, from the Assistant Adjutant General, Headquarters, 2nd Army, Fort Meade, MD, forwarding the Commendation Ribbon with metal pendant to the Commanding Officer, Valley Forge Army Hospital, for presentation to the applicant. REFERENCE: Army Regulation 600-8-22 (Military Awards) states 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. DISCUSSION: 1. The applicant's training as an operations room technician in the medical field and service in Korea are not in question. However, there is no evidence the applicant was assigned or attached to a medical unit in Korea that was organic to an infantry unit of brigade, regimental, or smaller size which was engaged in active ground combat. 2. By regulation campaign 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000673 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000673 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2