MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           13 April 2000      
	DOCKET NUMBER:   AR1999031594

	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:

	Mr. Fred Eichorn		Chairperson	
	Ms. Celia L. Adoplhi		Member	
	Ms. Sherri V. Ward		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:  In effect, award of the Combat Medal Badge, a “unit citation,” and Driver Badge (which the applicant refers to as Drivers Medals).  He states he was a member of a medical battalion which was involved in the Normandy landing and notes that he was awarded the “Combat Medical Badge and still [has] it.”  He indicates that his unit was attached to the 6th Engineer Special Brigade during the invasion of Normandy.  He submits a copy of a photograph in support of his request.

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 were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from documents provided by the applicant and information contained in his final payment voucher.

The applicant served on active duty between 8 April 1943 and 2 February 1946.  According to his separation report he was assigned to the European Theater of Operations between January 1944 and January 1946.  Item 30 (military occupational specialty) on his WD AGO Form 53-55 indicates that he performed duties as a truck driver and item 6 (organization) indicates that he was assigned to the 60th Medical Battalion.

His separation report, which he authenticated, does not reflect entitlement to the Combat Medical Badge or the Driver Badge. 

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge (originally established as the Medical Badge) is awarded to medical department personnel (colonels 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.  Additionally, World War II holders of the Combat Medical Badge received a monthly pay supplement.  Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best, available source to verify entitlement to this award.  A review of his final payment voucher indicates he was not 

authorized the $10.00 monthly stipend associated with award of the Combat Medical Badge.  Additionally, even if the applicant did hold a medical specialty there is no evidence he was part of a medical unit of company or smaller size that was organic to an infantry unit.  As the applicant states, his medical battalion was attached to an engineer element.

The Driver Badge (commonly referred to as the Driver and Mechanic Badge) is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Component bars are authorized for the various types of military vehicles.  Eligibility requirements for drivers required that individuals qualify for and possess a current government motor vehicle operator license and occupy a duty position with title of driver or assistant driver of Army vehicles for a minimum of 12 consecutive months, or during at least 8,000 miles and have no Army motor vehicle accident or traffic violations.  Commanders of brigades, regiments, separate battalions, and any commander n the rank of lieutenant colonel or higher could approve award of the Driver Badge.  Announcement in orders was required.  There is no evidence, nor has the applicant provided any that he was ever awarded a Driver Badge.

A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (60th Medical Battalion) was awarded French Croix de Guerre based on its participation in the Normandy invasion.  That decoration is already recorded on the applicant’s separation document.  The unit did not receive any other unit decorations during the applicant’s tenure with the organization.

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 2 February 1946, the date he was discharged from active duty and signed his report of separation.  However, in view of the fact that the board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on 
2 January 1950, 3 years from the date the Board was established.

The application is dated 29 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

___fe___  ___cla__  ___cvw__  CONCUR WITH DETERMINATION

		Karl F. Schneider
		Director, Army Review Boards Agency 

INDEX

CASE ID	AR1999031594	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000413	
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.	142.00	
2.		
3.		
4.		
5.		
6.