IN THE CASE OF: BOARD DATE: 19 January 2023 DOCKET NUMBER: AR20220006617 ON BEHALF OF THE FORMER SERVICE MEMBER (FSM), APPLICANT REQUESTS: * Correction to rank to reflect staff sergeant (SSG)/E-6 * Award of the Combat Medical Badge (CMB) * Award of the Bronze Star Medal (BSM) * Award of the Purple Heart (PH) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter to Command Management Division (CMD) * Utah State Certificate of Death * Utah Birth Certification * Letter from FSM’s widow * Review Boards Agency letter * Administrative Memorandum 10 * Training Schedule * Four (4) photographs * Two (2) Noncommissioned Officer Club cards * Wikipedia printout * WD AGO 53.55 (Enlisted Record and Report of Separation) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He has been working on correcting his father’s service records for the last 12 years. The FSM’s military records should reflect the CMB, BSM, and proper rank, which he is entitled to, due to his sacrifice and service during WWII as a member of the 121st Evacuation Hospital. b. The FSM served as a combat medic in two Battle Campaigns during World War II, Rhineland GO 40 WD 45 and Central Europe GO 40 WD 45. The CMB was awarded to all combat medics retroactive to 6 December 1941. In the CMB description it also states that in 1947 a policy was implemented to retroactively award of the Bronze Star to combat medics who received the CMB. c. The FSM was shot in the head in battle while trying to keep four wounded Soldiers alive. He was revived by a fellow soldier and then continued his duty to tend to the wounded soldiers and get them back to the field hospital. As with many Soldiers, there was no official record of this or it’s in the unit files somewhere. The FSM’s official records were lost in the 1973 St. Louis fire. d. The FSM had several medals at home, one being a Purple Heart and the other a Bronze Star, among others. That is the applicant’s only evidence of the Purple Heart, as he and his brothers were witness to the applicant recounting his experience in combat and the scar on his forehead where he was wounded. 3. The applicant provides: a. Letter to the Army Review Boards Agency Case Management Division (CMD), which provides a list of issues that he’d like to have corrected on the FSM’s service record. b. Utah State Certificate of Death reflects the FSM’s date of death as 11 March 1972. c. Utah Birth Certification reflects the FSM as the applicant’s father. d. Letter from the FSM’s widow, dated 3 June 2010, authorizes her son to apply for correction to the FSM’s service records, as she has since remarried following the FSM’s death. e. Army Review Boards Agency letter, dated 26 July 2010, informs the applicant that the FSM’s records have been administratively corrected as he requested. A DD Form 215 (Correction to DD Form 214) was issued. f. Administrative Memorandum 10, dated 7 January 1943, reflects the FSM’s rank as “S/Sgt,” also designating him as the noncommissioned officer in charge of enlisted personnel of Laboratory Service, Station Hospital, Camp Roberts, California. g. Training Schedule for untrained laboratory personnel, dated 16 March 1944, reflects the applicant was identified as one of the three instructors and his rank as “S/Sgt.” h. Four (4) photographs of the FSM in his uniform, with “S/Sgt” rank. i. Two (2) Noncommissioned Officer Club cards belonging to the FSM, with his rank reflecting as “S/Sgt.” j. Wikipedia printout about the Combat Medical Badge, it’s appearance and history. Attention is drawn to the highlighted portions of the printout, most notably the policy implemented in 1947. k. WD AGO 53.55 reflects the applicant was honorably discharged on 31 October 1945, while assigned to the 121st Evacuation Hospital as a medical lab technician. It is unclear if the 121st Evacuation Hospital was a subordinate unit to an infantry unit of brigade, regimental or smaller size, or if the FSM served as a member of the medical platoon of an infantry or airborne brigade headquarters company, during any period the infantry unit was engaged in active ground combat. 4. A review of the FSM’s service record shows: a. He enlisted in the Army of the United States on 18 February 1942 as a medical lab technician. b. WD Form 372A (Final Payment – Worksheet) reflects the applicant was discharged on 31 October 1945 in grade of “TSgt.” The form contains the FSM’s signature, indicating he was in receipt of check number 199440 ($164.30) and cash ($100.00). c. His WD AGO 53.55 reflects he was honorably discharged from active duty on 31 October 1945, under the provisions of Army Regulation (AR) 615-365 (Discharge Convenience of the Government). He completed a total of 3 years, 8 months, and 13 days of active service, with a total of 6 months and 16 days overseas. The areas of which the applicant’s request is based upon reflects the following: * Item 3 (Grade): TSgt * Item 32 (Battles and Campaigns): Rhineland, Central Europe * Item 33 (Decorations and Citations): RAME Service Medal, Good Conduct Medal, AT Service Medal, WII Victory Medal * Item 34 (Wounds Received in Action): None d. DD Form 215 reflects the Army of Occupation Medal with German Clasp and the American Campaign Medal were added to item 33 of his WD AGO 53.55. 5. Army Regulation 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. 6. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found that, due to the absence of key documents from the FSM’s service record, there is insufficient evidence to confirm that the rank shown on the FSM’s WD AGO From 53-55 is incorrect, that the FSM met the criteria for the CMB, that he was awarded the BSM, or that he was entitled to the Purple Heart. In the absence of additional documentation supporting the applicant’s claims, the Board determined there is an insufficient basis for making the requested corrections at this time. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :xx :xx :xx DENY APPLICATION 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. 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. REFERENCES: 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 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. 2. Army Regulation 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. a. Appendix III, paragraph 1a, states that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service. b. Paragraph 1e(5)(b), Enlisted personnel, specifies that the grade in which serving at the time of separation indicating whether permanent or temporary will be entered in item 3 of the DD Form 214. 3. Army Regulation 672-5-1 (Decorations and Awards) states the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. a. The Combat Medical Badge eligibility requirements state, the service member must have been a member of the Army Medical Department (colonels and below), the Naval Medical Department (captains or below) or the Air Force Medical Service (colonels and below) assigned or attached to the Army, must have satisfactorily performed medical duties subsequent to 6 December 1941 while assigned or attached to a medical unit of an infantry unit of brigade, regimental or smaller size, or as a member of the medical platoon of an infantry or airborne brigade headquarters company, during any period the infantry unit was engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy. b. The Bronze Star Medal was established by Executive Order 9419, 4 February 1944 (WD Bul3, 1944) (superseded by Executive Order 11046, 24 August 1962) (DA Bul 9, 1962), is awarded to any person who, while serving in any capacity in or, with the Army of the United States after 6 December 1941, shall have distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party (para 2p (3)). c. The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006617 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1