ABCMR Proceedings (cont)                                                        AR2002078439

PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 March 2003      
	DOCKET NUMBER:   AR2002078439

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

| Mr. Carl W. S. Chun | | Director
| Ms. Wanda L. Waller | | Analyst

  The following members, a quorum, were present:

| Mr. Thomas A. Pagan | | Chairperson
| Mr. Roger W. Able | | Member
| Mr. John A. Kelley | | Member

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 31 October 1951 to show that he received gunshot wounds to his nose and both feet as a result of enemy forces on 17 September 1950 in Korea.  He also requests correction of item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on this DD Form 214 to show award of the Combat Infantryman Badge, the Army Good Conduct Medal, the Korean Service Medal with two bronze service stars and the United Nations Service Medal. 

3.  The applicant states that the wounds shown in item 29 on his DD Form 214 are incorrect.  He contends that he received gunshot wounds to his nose and both feet.  He states, in effect, that he served as a rifleman in Korea and is entitled to the Combat Infantryman Badge, that he is entitled to the Army Good Conduct Medal because he served over one year after being wounded and he is entitled to the Korean Service Medal with two bronze service stars and the United Nations Service Medal.  In support of his application, he submits orders placing him on the retired list, dated 11 October 1951; a copy of his DD Form 214 with an effective date of 31 October 1951; a copy of his DD Form 214 with an effective date of 30 January 1950; excerpts from Army Regulation 600-8-22 (Military Awards); and documentation from the Department of Veterans Affairs.  

4.  The applicant’s military records show that he served on active duty in the Navy from 16 November 1943 to 15 January 1947 and subsequently served in the Naval Reserve.  He enlisted in the Army on 18 September 1947 for a period of 3 years, served as a firefighter and was discharged on 30 January 1950 with a dishonorable discharge.  The applicant was restored to duty on 21 July 1950 and he reenlisted for a period of 3 years.  He served as an infantryman in Korea from 13 September 1950 until he was wounded in action on 17 September 1950 and was transferred for further medical treatment on 24 September 1950.  On 
31 October 1951, the applicant was permanently retired by reason of physical disability.  

5.  The applicant's DD Form 214 with an effective date of 31 October 1951 shows award of the Purple Heart.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on this DD Form 214 shows the applicant received a gunshot wound to his right ankle and foot on 17 September 1950 in Korea.

6.  A Casualty Report, prepared on 20 September 1950, shows the applicant was wounded in action on 17 September 1950 in Korea when he was struck by enemy small arms fire.  This report shows the applicant sustained a gunshot wound to his nose and both feet.    

7.  The applicant's DD Form 214 with an effective date of 31 October 1951 does not show the Combat Infantryman Badge, the Army Good Conduct Medal, the Korean Service Medal or the United Nations Service Medal as authorized awards.

8.  The applicant's DD Form 214 with an effective date of 31 October 1951 shows that he served as an infantryman and was assigned to Company I of the 8th Cavalry Regiment during his assignment in Korea.  His records also show that he was wounded in action on 17 September 1950.     

9.  There is no evidence in the applicant's personnel records that he was recommended for or awarded the Army Good Conduct Medal.  There is no evidence that his chain of command took any action to disqualify him from receiving the Good Conduct Medal.  There is also no indication of indiscipline or other adverse action in the applicant's records during the period 21 July 1950 through 31 October 1951.

10.  The applicant's service personnel records show that he served in Korea from 13 September 1950 through 24 September 1950 and participated in two campaigns during his assignment in Korea.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that 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, 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.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

12.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

13.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 
27 July 1954.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

15.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

16.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

17.  The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.
 
CONCLUSIONS:

1.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 with an effective date of 31 October 1951 shows the entry, "Gunshot wound right ankle and foot 17 Sep 50 [September 1950] Korea."

2.  Evidence of record shows the applicant received gunshot wounds to his nose and both feet on 17 September 1950 in Korea.  Therefore, it would be appropriate to correct item 29 on the applicant's DD Form 214 with an effective date of 31 October 1951 to show these wounds.

3.  Evidence of record shows the applicant served as an infantryman assigned to an infantry company in Korea.  Evidence of record also shows the applicant was wounded in action on 17 September 1950.  Based on the foregoing, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

4.  The applicant is entitled to the first award of the Army Good Conduct Medal for the period 21 July 1950 through 31 October 1951 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 31 October 1951 to show this award.

5.  Based on the applicant's service in Korea from 13 September 1950 through 24 September 1950, the applicant is entitled to award of the Korean Service Medal with two bronze stars and the United Nations Service Medal.  Therefore, his DD Form 214 with an effective date of 31 October 1951 should be corrected to show these awards. 

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by deleting the entry, "Gunshot wound right ankle and foot 17 Sep 50 Korea" in item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 with an effective date of 31 October 1951 of the individual concerned; 

	b.  by adding the entry, "Gunshot wounds to nose and both feet, 
17 September 1950, Korea" in item 29 on his DD Form 214 with an effective date of 31 October 1951; and

	c.  by adding the entries, "Combat Infantryman Badge", "Army Good Conduct Medal", "Korean Service Medal with two bronze service stars" and "United Nations Service Medal" in item 27 (Decorations, Medals, Badges, 

Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 with an effective date of 31 October 1951.

BOARD VOTE:  

TAP____  RWA____  JAK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Thomas A. Pagan______
		        CHAIRPERSON

INDEX

CASE ID | AR2002078439
SUFFIX |
RECON |
DATE BOARDED | 20030313
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 100.0000
2. | 107.0000
3. |
4. |
5. |
6. |