PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 March 2002
         DOCKET NUMBER: AR2001064453


         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:

Ms. Irene N. Wheelwright		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Gail J. Wire		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.

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2. The applicant requests, in effect, correction of his military records to show a second award of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)), the Bronze Star Medal, the Combat Infantryman Badge and unspecified “battle ribbons”.

3. The applicant states that he was wounded in December 1950 and in February 1951 during the Korean War. He contends, in effect, that he received the Purple Heart for being wounded on 24 February 1951 and that this award is shown on his discharge document; however, his first Purple Heart is not shown on his discharge document. He also contends that he received a “Bronze Star”, Combat Infantryman Badge and “battle ribbons” which are not shown on his discharge document. In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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
6 December 1948. He served as a field wireman in Korea and was placed on the Temporary Disability Retired List (TDRL) on 31 October 1951. He was removed from the TDRL and retired from military service on 30 June 1952.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart (First Oak Leaf Cluster), the Bronze Star Medal, the Combat Infantryman Badge or any service medal with bronze service stars as authorized awards.

6. The applicant’s DD Form 214 does show that he was awarded the Purple Heart for wounds sustained in action on 24 February 1951.

7. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 28 December 1950 in Korea for a non-battle injury to his ankle sustained as a result of an accident in connection with use of own instrumentalities of war (handling of artillery pieces).

8. There is no evidence in the available records which shows the applicant was awarded the Bronze Star Medal.

9. There are no orders for award of the Combat Infantryman Badge in the available records. His DD Form 214 shows his military occupational specialty (MOS) was 4641 (field wireman).

10. There is no evidence in the available records which shows the applicant’s inclusive dates of service in Korea.

11. There is no evidence that the applicant was recommended for or received the first award of the Good Conduct Medal. There also is no indication in the available records that he was disqualified from receiving this award.

12. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

14. 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 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.

15. Army Regulation 600-8-22 provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and
27 July 1954.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.



17. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

18. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

19. Army Regulation 600-8-22 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.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he is entitled to a second award of the Purple Heart for wounds sustained in December 1950 in Korea. However, medical evidence of record shows the applicant was hospitalized on 28 December 1950 for a non-battle injury to his ankle sustained as a result of an accident. Therefore, there is no basis on which to award a second award of the Purple Heart in this case.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Bronze Star Medal. Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge. There is also no evidence that he served in an infantry MOS during his assignment in Korea. Therefore, the Board determined there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

4. Medical evidence of record shows the applicant was accidentally wounded on 28 December 1950 in Korea. His DD Form 214 also shows that he was


wounded in action on 24 February 1951 in Korea. However, the applicant’s DD Form 214 does not show the Korean Service Medal as an authorized award. Therefore, the Board determined that there is sufficient evidence on which to base award of the Korean Service Medal in this case.

5. The applicant’s inclusive dates of service in Korea are not contained in the available records. However, based on the evidence of record which shows the applicant was in Korea on 28 December 1950 and on 24 February 1951, the Board determined that he is entitled to two bronze service stars to be affixed to his Korean Service Medal for participation in the CCF Intervention Campaign
(3 November 1950 - 24 January 1951) and the First UN Counteroffensive Campaign (25 January 1951 - 21 April 1951). Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

6. Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal and correction of his military records to show this award.

7. The applicant is entitled to award of the National Defense Service Medal based on his service from 6 December 1948 through 31 October 1951. Therefore, his records should be corrected to show this medal.

8. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying Federal military service from 6 December 1948 through 31 October 1951. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

9. 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 Korean Service Medal with two bronze service stars, the United Nations Service Medal, the National Defense Service Medal and the Good Conduct Medal.









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

BOARD VOTE:

INW____ RJW____ GJW____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064453
SUFFIX
RECON
DATE BOARDED	20020312
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.