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Decision Text

ARMY | BCMR | CY2001 | 2001055304C070420
Original file (2001055304C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 August 2001
         DOCKET NUMBER: AR2001055304


         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
Mr. W. E. Schnupp Analyst


The following members, a quorum, were present:

Ms. June Hajjar Chairperson
Mr. Melvin H. Meyer Member
Mr. Ernest W. Lutz 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 he be awarded the Purple Heart.

3. The applicant states that he was wounded in a combat jump with the 187th Airborne Regimental Combat Team (RCT), North of Pyongyang, North Korea in October 1950.

4. The applicant’s military record shows that he entered the Army on 14 September 1948, served in Korea and was honorably discharged on 14 May 1952. He reentered the Army on 16 March 1954 and remained on continuous active duty until his retirement on 31 July 1970 in the grade of master sergeant with over 20 years of active federal service.

5. On 22 March 2001 the National Personnel Records Center authorized the issuance of the Purple Heart to the applicant based on his request. However, the award was never reflected on his DD Form 214, Report of Transfer or Discharge. Nor, does the DD Form’s 214, or other documents in his record show that he was issued/authorized the Combat Infantryman Badge (CIB) for his infantry service during the Korea War.

6. A Battle Casualty Report, produced by The Department on the Army (Casualty Branch) on 1 November 1950 shows that the applicant, then a heavy weapons infantryman, military occupational specialty (MOS) 4812, was reported as having been slightly wounded in action in Korea on 21 October 1950. Medical records confirm that he suffered superficial wounds to the head and chest from shrapnel. He was at the time a corporal assigned to Company M, 187th Airborne RCT.

7. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the CIB is awarded to Army enlisted soldiers with an infantry or special forces MOS who, subsequent to 6 December 1941, 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. Battle participation credit alone is not sufficient. The unit must have been in active ground combat with the enemy during the period.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant was wounded in action on 21 October 1950 and is therefore entitled to receive the Purple Heart and to have it reflected on his DD Form 214.

2. Furthermore, at the time he was wounded, his record shows that he was a corporal, heavy weapons infantryman MOS 4812, in combat with the 187th Airborne RCT, an infantry unit, and as such would be entitled to award of the CIB.
3. 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 by showing that the individual concerned was awarded the Purple Heart for wounds sustained in action on 21 October 1950 and the CIB for service during that same time period.

BOARD VOTE:

___jh ___ ____mhm ___ewl__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________June Hajjar___________
                  CHAIRPERSON




INDEX

CASE ID AR2001055304
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010801
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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