Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001065603C070421
Original file (2001065603C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 April 2002
         DOCKET NUMBER: AR2001065603


         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Hubert O. Fry, Jr. Member
Mr. Thomas E. O’Shaughnessy, Jr. 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 records be corrected to reflect his award of the Purple Heart and any other awards that he might be entitled to receive.

3. The applicant states that he was awarded the Purple Heart for wounds received in Korea on 1 September 1951; however, it was not entered on his report of separation (DD Form 214) at the time he was released from active duty (REFRAD). In support of his application he submits a copy of the Western Union telegram that was sent to his mother, informing her that he had been wounded in action.

4. The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, information obtained from alternate sources show that he was inducted in Greenville, South Carolina on 28 September 1950.

5. He completed his training as an infantryman, was transferred to Korea, was assigned to Company D, 634th Armored Infantry Battalion, and was advanced to the rank of corporal on 10 August 1951.

6. On 1 September 1951, he was wounded in action against the enemy. His wounds were the result of a mine explosion and resulted in his being evacuated to Brooke Army Hospital, San Antonio, Texas for treatment.

7. On 28 June 1952, he was honorably REFRAD at Fort Hood, Texas and was transferred to the Enlisted Reserve Corps (now known as the USAR). He had served 1 year, 9 months and 1 day of total active service and his DD Form 214 shows that he was awarded the Combat Infantryman Badge and the Korean Service Medal. It also indicates that he had no wounds received as a result of action with enemy forces.

8. Army Regulation 600-8-22 provides the criteria for decorations and awards. It provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive. It also provides that the United Nations Service Medal (UNSM) is awarded automatically to personnel awarded the Korean Service Medal.

9. That regulation also prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant was wounded in action (WIA) on 1 September 1951. Therefore it is reasonable to believe that he was awarded the Purple Heart and therefore the award and date he was WIA should be entered on his DD Form 214.

2. The applicant was also eligible for awards of the NDSM and UNSM. Accordingly, it would be in the interest of justice to award them to him at this time.

3. After carefully examining the available records, the Board has determined that the applicant should have received the AGCM for his service from 28 September 1950 through 28 June 1952. This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, his advancement to the rank of corporal in 11 months, and the lack of any specific action or apparent attempt by the applicant’s unit commander to disqualify him from receiving the award.

4. The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

5. 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 showing that the individual concerned was WIA on 1 September 1951 and was awarded the Purple Heart; and









         b. by awarding him the NDSM, the UNSM and the AGCM for the period of 28 September 1950 through 28 June 1952.

BOARD VOTE:

___teo __ ___hof __ __ao____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Arthur A. Omartian____
                  CHAIRPERSON




INDEX

CASE ID AR2001065603
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/04/30
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 102 107.0056/AGCM
3. 115 107.0069/NDSM
4. 131 107.0085/UNSM
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2012 | 20120004537

    Original file (20120004537.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. Although the records do not contain and the applicant has not provided orders awarding him the Purple Heart, his DD Form 214 clearly shows he was wounded in Korea on 25 October 1951. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2011 | 20110023886

    Original file (20110023886.txt) Auto-classification: Approved

    There is no record of time lost during his last enlistment indicated on the DD Form 214. Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. As a result, given the absence of derogatory information in the available NPRC file or on the DD Form 214 and given...

  • ARMY | BCMR | CY2003 | 2003089245C070403

    Original file (2003089245C070403.rtf) Auto-classification: Approved

    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. The applicant’s military records were not available to the Board for review. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for being wounded in action in Korea on 17 February 1951 and the Army Good Conduct Medal, for his...

  • ARMY | BCMR | CY2003 | 2003087329C070212

    Original file (2003087329C070212.rtf) Auto-classification: Approved

    The applicant states that he received the award of the BSM after he separated from the service and it has never been added to his records. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 24 October 1950 to 26 August 1952. 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 BSM, by...

  • ARMY | BCMR | CY2007 | 20070004853C071029

    Original file (20070004853C071029.doc) Auto-classification: Approved

    The record also includes 8009th Army Unit, Osaka Army Hospital General Orders Number 321, dated 12 September 1951, which awarded the applicant the PH for being wounded in action near Kunchon, Korea on 8 September 1951. By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2009 | 20090013120

    Original file (20090013120.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards) provides 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, inclusive. In regards to the FSM’s rank at the time of his REFRAD, the available evidence of record does not contain any evidence to show that he was promoted to the rank of staff sergeant while he was on active duty. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2001 | 2001059955C070421

    Original file (2001059955C070421.rtf) Auto-classification: Approved

    The DD Form 214 for the period 24 October 1950 to 5 September 1952, block 29 (wounds received as a result of action with enemy forces), contains the entry “Near Wonju Korea – 12 Feb 51.” The evidence of record supports the applicant’s contention that he was awarded the Purple Heart. 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, KSM, UNSM and NDSM.

  • ARMY | BCMR | CY2009 | 20090003849

    Original file (20090003849.txt) Auto-classification: Approved

    The applicant states, in effect, that he was wounded in action (WIA) in South Korea, on 2 September 1950, while serving with the 2nd Engineer Battalion, 2nd Infantry Division. Counsel states, in effect, that the documents provided should be sufficient to support correction of the applicant’s military records. The applicant's military record is not available to the Board for review.

  • ARMY | BCMR | CY2003 | 2003084675C070212

    Original file (2003084675C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that he should not be denied these awards to which he is entitled based on the wounds he received in action during his combat service in Korea. The applicant’s military records were not available to the Board for review. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for being wounded in action in Korea on 1 September 1950, the Purple Heart 1 st Oak Leaf Cluster, for...

  • ARMY | BCMR | CY2008 | 20080019758

    Original file (20080019758.txt) Auto-classification: Approved

    The applicant's military record is not available to the Board for review. The evidence also shows that based on qualifying active duty service and his service in Korea, the applicant is eligible for the NDSM, UNSM, and KWSM which should be added to his DD Form 214 at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for being wounded in action in Korea on 30 October 1951; b,...