APPLICANT REQUESTS: In effect, that his record be corrected to reflect that he was awarded the Purple Heart and the Bronze Star Medal (BSM) for service in the Korean War.
APPLICANT STATES: That he is entitled to the Purple Heart for shell fragments to the leg and a smashed finger when a trailer hitch fell on his hand, and the BSM based on the fact that he was awarded the Combat Infantryman Badge.
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.
He was inducted on 7 November 1950 and served 11 months and 18 days in Korea. He was honorably discharged upon completion of his service obligation on 11 August 1952 as a private first class.
His DD Form 214, Report of Separation, reflects that he was awarded the Combat Infantryman Badge and the Korean Service Medal with 4 bronze service stars. (The US Army Reserve Personnel Center (ARPERCEN) has made an administrative determination, based on a review of his available records, that he is also authorized the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal and the Republic of Korea Presidential Unit Badge, in addition to the two awards already shown on his DD Form 214.)
Neither the applicants DD Form 214 nor the available military record reflect that he was wounded as a result of hostile action while in Korea.
Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
The same regulation provides that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.
Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the Combat Infantryman Badge or the Combat Medical Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.
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. Based upon the available evidence, there is no documentation to indicate that he suffered any wounds during his service that would qualify him for award of the Purple Heart. The shell fragment to the leg has not been documented in the record and the smashed finger, from a trailer hitch falling on it, is not the type of an injury that would warrant a Purple Heart.
2. Issuance of a BSM to soldiers who had been awarded the CIB was limited to individuals who received the CIB during the period 7 December 1941 to 2 September 1945. Since the applicants service was between 7 November 1950 and 11 August 1952 he does not qualify for award of the BSM on this basis.
3. 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.
4. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The ARPERCEN will be requested to issue to him a DD Form 215, Correction of DD Form 214, showing the additional awards, as indicated above, to which he is entitled.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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