BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160014618 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ _x_______ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160014618 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Medical Badge for his service during the Korean War and by adding the Combat Medical Badge to his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman Badge. ___________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: 10 April 2018 DOCKET NUMBER: AR20160014618 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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to include the Combat Infantryman Badge and the Combat Medical Badge. 2. The applicant states he was awarded both badges for his service in the Korean War. 3. The applicant provides: * a letter * DD Form 214 * 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he enlisted in the Regular Army for 2 years and he entered active service at Milwaukee, WI, on 28 November 1951. Item 4 (Component and Branch or Class) shows he was a member of the Regular Army Medical Corps. However, item 5 (Qualifications) of this form does not show he held a military occupational specialty (MOS) at the time of separation. His most significant duty assignment was with Company C, 148th Infantry. 4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with two bronze service stars, United Nations Service Medal, and the National Defense Service Medal. Item 27 does not show the Combat Infantryman Badge or the Combat Medical Badge. 5. Item 30 (Service Schools or Colleges, College Training Courses, and/or Post-Grad Courses Successfully Completed) of his DD Form 214 shows he completed a Medical Aid Man course during the period February through April 1953. 6. His DD Form 214 further shows he completed 1 year, 11 months, and 22 days of creditable military service, of which 9 months and 13 days was foreign service. He was honorably released from active duty on 19 November 1953 in the temporary rank/grade of sergeant/E-5. 7. The applicant provides a copy of a certificate which states he served with distinction in the 7th U.S. Infantry, Korea. The certificate contains a Combat Infantryman Badge emblem and is signed by the commander. REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. b. 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 requests correction of his record to show he was awarded the Combat Infantryman Badge and Combat Medical Badge. His service in Korea is not in question; however, there is no evidence that he held an infantry MOS and was engaged in active ground combat as required by the criteria for the Combat Infantryman Badge. 2. With regard to award of the Combat Medic Badge, unfortunately, the available records do not show he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size while engaged in active ground combat. By regulation, battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the applicant 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) AR20160014618 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014618 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2