IN THE CASE OF: BOARD DATE: 2 November 2010 DOCKET NUMBER: AR20100012981 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, in effect, award of the Combat Medical Badge. 2. He states he served in combat situations in the South Pacific on Guam. 3. He provides copies of his: * Army Good Conduct Medal orders * Bronze Service Star orders * WD AGO Form 100 (Separation Qualification Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) * Honorable Discharge Certificate 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, a reconstructed record contains sufficient documentation and evidence provided by the applicant for the Board to conduct a fair and impartial review of this case. 3. The available military records show the applicant was inducted into the Army of the United States on 7 April 1943 and he entered on active duty on 14 April 1943. He completed training and he was awarded military occupational specialty (MOS) 657 (Medical basic). 4. Item 12 (Military Occupational Specialty) of his WD AGO Form 100 shows he served in MOS's 657, 303 (Hospital Orderly), and 861 (Surgical Technician). He served with the 373rd Station Hospital while overseas in the Southwest Pacific. He worked in the hospital assisting doctors in giving shots and changing dressings, seeing that surgical instruments were kept sterilized, and rendered first aid to men when necessary. He also assisted in blood transfusions and in administering blood plasmas and whole blood. 5. He was honorably discharged on 24 February 1946 under the provisions of Army Regulation 615-365 (Enlisted Personnel - Discharge - Convenience of Government). 6. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show award of the Combat Medical Badge. Item 31 (Military Qualification and Date) contains the entry "None." 7. His reconstructed record contains a War Department (WD) Form 372A (Final Payment - Worksheet) that shows he was not receiving medical badge pay at the time of his discharge. There is also no evidence that shows he was awarded the Combat Medical Badge. 8. The Combat Medical Badge was issued by the War Department on 1 March 1945. It could be awarded to enlisted men of the Medical Department assigned or attached to the medical detachment of infantry regiments, infantry battalions, and elements thereof designated as infantry in tables of organization. Its evolution stemmed from a requirement to recognize medical aidmen who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier. It also carried with it a separate provision for enlisted badge holder to receive a $10.00 per month pay stipend. DISCUSSION AND CONCLUSIONS: 1. Army regulations in effect at the time show the Combat Medical Badge was awarded to enlisted medical aidmen who accompanied the infantryman into battle and shared the experiences unique to the infantry in combat. The badge was never intended to be awarded to all medical personnel who served in a combat zone or imminent danger area. Individuals awarded the Combat Medical Badge were also entitled to a monthly pay stipend. 2. The evidence of record shows he served as a surgical technician with the 373rd Station Hospital during his overseas service in the Southwest Pacific. The available service records do not indicate he either participated in actual ground combat or accompanied infantrymen into battle or received medical badge pay as evidenced by his WD Form 372A. His available records also do not show he received any awards for valor or achievement that would indicate he was personally involved in active ground combat against the enemy during his period of active duty service. 3. There is insufficient evidence to award him the Combat Medical Badge and to have it added to his WD AGO Form 53-55. Therefore, in view of the foregoing, there is no basis for granting his requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. ___________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. ABCMR Record of Proceedings (cont) AR20100012981 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012981 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1