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ARMY | BCMR | CY1995 | 9511300C070209
Original file (9511300C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That his record be corrected to show entitlement to the Distinguished Service Cross (DSC), the Silver Star (SS), and, the Bronze Star Medal (BSM).

APPLICANT STATES:  That, in recounting the events of July and August 1950, while serving in Korea, he was told that he had been put in for decorations and a promotion in rank and a lieutenant told a captain he was putting the applicant in for the SS and a promotion.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

On 15 January 1949, he enlisted in the Regular Army.  He was awarded military occupational specilaty 121 (Utility Repairman).  He was advanced to pay grade E-2.

During 1950, he served for an unspecified period in Korea, for which he was a Prisoner of War (POW) for a very brief period and Japan.

On 17 August 1950, he was wounded in action near Waegwan, Korea, by enemy gun shot and was medically evacuated to the United States, through Japan.

During two unspecified periods, the applicant was absent without leave for a total of 96 days.  He was found guilty by a court-martial.  The sentence is unknown.  The proceedings are not in the available records.

On 25 June 1951, Medical Board Proceedings indicated that he was found unfit for further service and was referred to a Physical Evaluation Board (PEB).

On 5 July 1951, a PEB found him physically unfit based on anxiety reaction, chronic, mild, in an emotionally immature individual; manifested by headaches, startle reaction, battle dreams, irritability, poor judgement, impulsivemess and a lack of motivation.  Stress: one month combat in Korea.  The PEB Proceedings noted that the individual was obsessed with the idea of being separated from the Army and obtaining a pension.

On 10 July 1951, the applicant waived his rights of rebuttal and accepted the findings of the PEB.

On 2 August 1951, he was honorably discharged, under Army Regulation 600-450, physical disability, with a disability rating of 10 percent.  His Report of Separation indicates that he had 2 years, 3 months, and    11 days of creditable service and 96 days of lost time.  He was entitled to award of the Purple Heart, the Combat Infantryman Badge, the Army of Occupation Medal (Japan), and the Korean campaign (sic).

Army Regulation 600-8-22, Military Awards, indicates, in pertinent part, that any person serving with the Army, while engaged in an action against an enemy of the United States, is taken prisoner and held captive, is entitled to award of the POW Medal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  There is no evidence that the applicant was recommended for or awarded any of the awards he is requesting.

3.  The evidence indicates that the “Korean campaign” award listed on his DD Form 214 should be corrected to read “Korean Service Medal”.  Since his dates of service in Korea cannot be correctly ascertained, no bronze service stars for campaigns can be shown.  The Commander, Army Reserve Personnel Center (ARPERCEN) will be requested to make this administrative correction.

4.  The evidence shows that his record should include entitlement to the POW Medal.

5.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Commander, ARPERCEN is requested to make the appropriate correction to the applicant’s DD Form 214, dated 2 August 1951, by showing entitlement to the POW Medal and the KSM.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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