BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20160010123 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: 18 October 2016 DOCKET NUMBER: AR20160010123 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 to amend the decision of the ABCMR set forth in Docket Number AR20150006194, dated 1 March 2016. __________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: 18 October 2016 DOCKET NUMBER: AR20160010123 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 reconsideration of the portion of his earlier request for correction of his records to show award of the Combat Medical Badge. 2. The applicant states he was disappointed with the Board's decision to deny him the Combat Medical Badge because on reviewing the Record of Proceedings, he noticed that there was no validation of his combat. His combat activity is as follows: a. He belonged to a medical detachment that was attached to Headquarters Company, 87th Chemical Mortar Battalion. He was further attached to Company A, 87th Mortar Battalion as their company aid man (medic) and he was exposed to small arms fire, mortars, artillery, personnel bombs, staffing as the other member of Company A. b. Company A was attached to the "1st, 3rd, 4th, 82nd Airborne Division," on various occasions. Others listed in the 87th Chemical Mortar Battalion history and can be found at http://www.4point2.org/hist-87Ahtm. On page 37 of 41, he is listed as a member of Company A. Page 33 of 41 lists "stats of Company A." Page 41 of 41, Captain Rxx Bxxxxxx, the company commander gave his consent to rewrite the history of Company A, 87th Chemical Mortar Battalion. c. He is appealing the previous decision to deny him this badge. After his honorable discharge, he strived to obtain an education and, after earning a living and retirement, memories of service activities returned recently while writing a history of his life for his family. He cannot submit any verification to be awarded a Purple Heart. However, what was previously submitted was true. 3. The applicant provides Congressional correspondence and the previous Record of Proceedings. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records, which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150006194, on 1 March 2016. 2. The applicant's current request was received within 1 year of the Board's original decision and contains a new argument. The Board considers the argument new evidence that warrants reconsideration. 3. The applicant’s complete 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. 4. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) shows he was inducted into the Army of the United States on 28 July 1943. He entered active duty at Fort Hayes, OH, on 18 August 1943. 5. His WD AGO Form 53-55 also shows that at the time of separation, the applicant held military occupational specialty (MOS) 409 (Medical Aid Man) and he was assigned to Headquarters Company, 87th Chemical Battalion, Medical Detachment. 6. His WD AGO Form 53-55 further shows he departed the continental United States (CONUS) on 21 March 1944 and he arrived in the European Theater of Operations (ETO) on 28 March 1944. He departed the ETO on 28 July 1945 and arrived back in CONUS on 2 August 1945. 7. He completed 10 months and 7 days of continental service and 1 year, 4 months, and 11 days of foreign service. He was honorably discharged on 4 November 1945. His WD AGO Form 53-55 shows in: * Item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc.)), "Not Available" * Item 32 (Battles and Campaigns), he participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns * Item 33 (Decorations and Citations), he was awarded or authorized the World War II Victory Medal, European-African-Middle Eastern Ribbon with one silver service star, and Good Conduct Medal * Item 34 (Wounds Received in Action), "None" 8. A staff member of the Board requested any available records pertaining to the applicant from the National Archives Records Center. A thorough search yielded a WD AGO Form 24 (Service Record), albeit in barely legible condition. The section titled "Medals, Decorations, and Citations" does not list the Combat Medical Badge. A continuation to this section, titled "Administrative Remarks" listed his bronze service stars (designating campaign participation), but not the Combat Medical Badge. 9. The website he provided: (http://www.4point2.org/hist-87Ahtm), was reviewed. His name is referenced in a list of names of individuals who “served with Company A at some time during its training, assault, or drive across Europe.” REFERENCE: Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments. It states: a. Paragraph 1-14, eligibility for combat badges (Combat Infantryman Badge Combat Medical Badge, and the Combat Action Badge) is not governed by time limit requirements, although potential recipients of these decorations must still meet eligibility requirements. b. Paragraph 8-7(a), the Combat Medical Badge may be awarded to members of the Army Medical Department, holding the grades of O–6 and below, assigned or attached by appropriate orders to an infantry unit of either a brigade, regiment, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941. Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy. c. Paragraph 8-7(c) states the Combat Medical Badge is authorized for award for the several qualifying wars, conflicts, and operations, including World War II, from 7 December 1941 to 3 September 1945. d. Paragraph 8-7(h) states, similar to the Combat Infantryman Badge, the regimental commander was the lowest level at which the Combat Medical Badge could be approved, and it also initially carried with it a separate provision for enlisted badge holders to receive a $10 per month pay stipend. The Combat Medical Badge was created as a "companion" badge to the Combat Infantryman Badge with criteria for its award intended to parallel that of the Combat Infantryman Badge. It was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares experiences unique to the infantry in combat. There was never any intention to award the Combat Medical Badge to all medical personnel who serve in a combat zone or imminent danger area, that is, a division-level medical company supporting a maneuver brigade. As with the Combat Infantryman Badge, the infantry unit to which the medical personnel are assigned or attached must engage the enemy in active ground combat. Since inception, the Army's intent regarding this requirement has been that medical personnel must be personally present and under fire in order to be eligible for the award of the badge. DISCUSSION: 1. There are three requirements for award of the Combat Medical Badge: the Soldier must hold a medical MOS, he/she must be assigned or attached to a medical company that is organic to an infantry unit of certain size, and the infantry unit to which the medical personnel are assigned or attached must engage the enemy in active ground combat. 2. The applicant served in the ETO from on or about 28 March 1944 to 28 July 1945. He held a medical MOS (Medical Aid Man). Unfortunately, the available evidence does not conclusively show he was assigned or attached to an infantry unit and was personally present performing medical duties while the infantry unit engaged the enemy in active 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) AR20160010123 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010123 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2