PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 December 2001
         DOCKET NUMBER: AR2001061419


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Lester Echols		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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart, the Combat Infantryman Badge, the Good Conduct Medal and the “Expert Rifleman Badge” (correctly known as the Expert Marksmanship Qualification Badge with Rifle Bar). He also requests that his military occupational specialty (MOS) be changed to 835 (supply clerk).

3. The applicant states that he was wounded two times in combat in Korea. He contends that he received a head injury in 1950 or 1951, a hand injury on
5 October 1951 and suffered from frostbite in December 1951. He also contends that he completed a course of training in Supply Clerk (MOS 835) and that his MOS should be changed to 835. In support of his application, he submits a letter, dated 21 August 2001, from the Review Boards Agency (Client Information and Quality Assurance); a letter from a Member of Congress, dated
9 August 2001; a copy of his DD Form 214; a finance record, dated
30 September 1954, which shows that he received $45 for an unspecified article or service for which the applicant contends is combat pay; and a Certificate of Proficiency, dated February 1949.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
14 September 1948 for a period of 3 years. He served as a supply handler in Korea and was honorably discharged on 23 May 1952.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Combat Infantryman Badge, the Good Conduct Medal or the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards. Item 5 (Qualifications/Specialty Number or Symbol) on the DD Form 214 shows the entry “5832” [supply handler].

6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 states “None”.

7. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.

8. There is no evidence in the available records which shows the applicant was diagnosed with frostbite.

9. There are no orders for award of the Combat Infantryman Badge in the available records.

10. The available records show the applicant served in MOS 5832 (supply handler) assigned to a quartermaster company and general supply depot company.

11. The applicant provided a copy of a finance record, dated 30 September 1954, in support of his claim for the Combat Infantryman Badge. This finance record shows that he received $45 for an unspecified article or service.

12. There are no orders for award of the Good Conduct Medal in the available records. There is no evidence in the available records which shows the applicant was considered for the first award of the Good Conduct Medal.

13. There is no evidence in the available records which shows the applicant was awarded or otherwise met the qualifications for award of the Expert Marksmanship Qualification Badge with Rifle Bar.

14. The applicant provided a Certificate of Proficiency, dated 3 February 1949, which shows he successfully completed a course of training in Supply Clerk (MOS 835) at Fort Jackson, South Carolina.

15. 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, and the medical treatment must have been made a matter of official record.

16. While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award. Until 23 August 1951, Army Regulation 600-45, which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

17. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

18. Army Regulation 600-8-22 (Military Awards) 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.

19. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was wounded twice in combat in Korea. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action in Korea.

2. The Board also considered the applicant’s contention that he suffered with frostbite in December 1951. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was diagnosed with frostbite.

3. Evidence of record shows the applicant signed his DD Form 214 on 23 May 1952 attesting to the fact he was not wounded in action and was not entitled to the Purple Heart.

4. The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to the Purple Heart. Therefore, the applicant is not entitled to correction of his discharge document to show any award of the Purple Heart.

5. Although the applicant contends that he is entitled to award of the Combat Infantryman Badge, evidence of record shows he served in a supply position during his assignment in Korea.

6. There is no evidence of record that the applicant was ever awarded an infantry MOS or satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Therefore, the applicant is not eligible for award of the Combat Infantryman Badge.

7. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a three-year period of qualifying Federal military service (active duty from 14 September 1948 to 13 September 1951). Therefore, he is entitled to correction of his DD Form 214 to show this award.

8. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded or qualified for the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, the applicant is not entitled to correction of his DD Form 214 to show this badge.

9. The applicant’s DD Form 214 shows his MOS as 5832 (supply handler). However, evidence of record shows the applicant successfully completed a course of training in Supply Clerk (MOS 835) in February 1949. Therefore, it would be appropriate to correct item 5 (Qualifications/Specialty Number or Symbol) on his DD Form 214 to show MOS 835 (supply clerk).

10. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a, by showing that the individual concerned was awarded the first award of the Good Conduct Medal for the period 14 September 1948 through
13 September 1951;

         b. by deleting the entry “5832” in item 5 (Qualifications/Specialty Number or Symbol) on the DD Form 214 of the individual concerned; and

         c. by adding the entry “835” in item 5 on his DD Form 214.







2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JNS____ TBR____ LE______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001061419
SUFFIX
RECON
DATE BOARDED	20011220
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	100.0500
3.
4.
5.
6.