| Mr. Carl W. S. Chun | Director | |
| Mr. Hubert Shaw, Jr. | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Mr. Allen L. Raub | Member | |
| Ms. Gail J. Wire | Member |
2. The applicant requests reconsideration of his application for award of the Purple Heart and the Combat Infantryman Badge.
3. The applicant states, in effect, that the three “Buddy Letters” provided with his application support his claim for the Purple Heart and the Combat Infantryman Badge.
4. The Memorandum of Consideration (Docket Number AR2000050223) reflecting the Board’s 13 February 2001 review of the applicant’s request is incorporated herein by reference as if wholly set forth.
5. The applicant submits three eyewitness statements from fellow soldiers. One eyewitness statement, dated 5 May 1997, attests that he was held captive as a prisoner of war with the applicant and that the applicant “had a leg wound”. Another eyewitness statement, dated 19 April 1997, indicates that he served with the applicant in Korea from 1950 to 1953 in M Company, 38th Infantry of the
2nd Infantry Division. He also states that in September 1950 they “got” the Combat Infantryman Badge and that on 30 November 1950 the applicant “got hit in the leg” during combat. An undated eyewitness statement states that he served with the applicant in Korea and was held captive as a prisoner of war with the applicant. He also states that the applicant was wounded on his left leg between the ankle and the knee and that he is entitled to the Combat Infantryman Badge.
6. These statements were not previously available to the Board and constitute new evidence that requires Board review.
CONCLUSIONS:
1. The applicant signed his DD Form 214 attesting to the fact he was not entitled to award of the Purple Heart and that he did not sustain wounds as a result of hostile action.
2. There is no evidence from personnel or medical records available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.
3. The Board considered the three eyewitness statements submitted on behalf of the applicant which indicated that he had a leg injury or leg wound. However these statements are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded and was not entitled to award of the Purple Heart. Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.
4. Records show the applicant served in the Regular Army in the Infantry Branch, that he was assigned to Company M, 38th Infantry Regiment of the 2nd Infantry Division during the Korean War, and that he was a prisoner of war from 2 December 1950 to 27 August 1953. An eyewitness statement attests to the fact the applicant was awarded the Combat Infantryman Badge in September 1950. In view of all these facts, the Board finds that the available records in conjunction with this particular eyewitness statement are sufficient as a basis for award of the Combat Infantryman Badge. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.
5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
________ ________ ________ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
______________________
CHAIRPERSON
| CASE ID | AR2001053239 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010327 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | MR SCHNEIDER |
| ISSUES 1. | 107.0000.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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