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Decision Text

ARMY | BCMR | CY2001 | 2001051856C070420
Original file (2001051856C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 24 JUL 2001
         DOCKET NUMBER: AR2001051856


         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. Deborah L. Brantley Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Margaret V. Thompson Member
Mr. William D. Powers 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 that his military records be corrected to reflect award of the Purple Heart, Army Good Conduct Medal, Ranger Tab and Special Forces Tab. In support of his request he submits a copy of a 1986 DA Form 1577 (Authorization for Issuance of Awards) which indicates he was authorized issuance of the Purple Heart and the Army Good Conduct Medal, a copy of orders awarding him the Special Forces Tab and evidence confirming his assignment to a Ranger unit.

3. Information available to the Board indicates the applicant served on active duty between 16 November 1949 and 26 November 1952. His DD Form 214 (Report of Separation from the Armed Forces of the United States) notes that he was separated with an honorable characterization of service in the temporary grade of sergeant, was the recipient of a Combat Infantryman Badge and Korean Service Medal, among others, and had no lost time during his period of active service. His separation document also confirms that he completed airborne and ranger training at the “Infantry School.” Item 29 (wounds received as a result of action with enemy forces) on his separation report indicates he sustained a shrapnel wound to his left hand on 18 May 1951 while in Korea.

4. In March 1951 orders were issued awarding the applicant a “prefix digit” of 3 to his MOS (military occupational specialty) code signifying “Special Combat Training” and withdrawing “prefix digit” 7 (parachutist).

5. In July 1951 the applicant was mentioned in a commendation letter addressed to the Commanding Officer, 1st Ranger Company, 2nd Infantry Division in Korea. The letter commended the applicant and four other individuals for their involvement in training Korean soldiers.

6. In 1986 the applicant apparently corresponded with officials at the U.S. Army Military Personnel Center (now known as the U.S. Total Army Personnel Command) concerning his entitlement to the Purple Heart and Army Good Conduct Medal. An official from that agency responded to the applicant on
23 April 1986 indicating that his request for issuance of awards was being forwarded to the Army Reserve Personnel Center (ARPERCEN) for action. On 26 June 1986 officials at ARPERCEN authorized the U.S. Army Support Activity in Philadelphia to issue the applicant a Purple Heart and the Army Good Conduct Medal. There is, however, no indication that orders were ever issued confirming either award.

7. In May 1988 the applicant was awarded the Special Forces Tab by officials at the U.S. Army John F. Kennedy Special Warfare Center and School under a




provision of Army Regulation 672-5-1 (Military Awards and Decorations) which provided for the retroactive award of the Special Forces Tab to soldiers who served with Special Forces units during wartime and were either unable to, or not required to, attend a formal program of instruction, but were awarded a SQI (special qualification indicator formerly known as a prefix digit) of 3 by competent authority.

8. Army Regulation 600-8-22, which superceded the original military awards and decorations regulation 672-5-1, states that the Ranger Tab is awarded to U.S. military and civilian personnel who successfully complete a Ranger course conducted by the U.S. Army Infantry School. The cloth tab was approved by HQDA (Headquarters, Department of the Army) on 6 November 1950. Authorization to wear the tab was included in Change 2, AR 600-70, dated
23 January 1953.

9. Army Regulation 600-8-22 also provides that the 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 Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1. There is sufficient evidence that the applicant was wounded as a result of hostile action during the Korean War and as such was authorized issuance of the Purple Heart medal in 1986. It would be appropriate to confirm the award and correct his records accordingly.

2. The applicant completed a qualifying period of service for award of the Good Conduct Medal on 15 November 1952. There is no evidence in available documents which would serve as a basis to disqualify the applicant from receiving the award. As such it would be appropriate, and in the interest of justice, to confirm the applicant’s entitlement to the Army Good Conduct Medal for the period 16 November 1949 through 15 November 1952 and correct his records accordingly.

3. The applicant successfully completed a Ranger course conducted by the U.S. Army Infantry School and as such is entitled to the Ranger Tab. The evidence also confirms he was retroactively awarded the Special Forces Tab.



4. 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 awarding the individual concerned the Purple Heart for wounds sustained as a result of hostile action during the Korean War;

b. by awarding him the Army Good Conduct Medal for the period
16 November 1949 through 15 November 1952;

         c. by awarding him the Ranger Tab; and

         d. by showing that he was awarded the Special Forces Tab.

BOARD VOTE:

__JNS __ __MVT __ __WDP _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____ John N. Slone_____
                  CHAIRPERSON




INDEX

CASE ID AR2001051856
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010724
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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