PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 May 2002
         DOCKET NUMBER: AR2001065705


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Roger W. Able		Member
Ms. Paula Mokulis		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 reconsideration of his previous request to correct his military records to show award of the Purple Heart (PH).

3. The applicant again states that he sustained shrapnel wounds to his right forearm, leg and thigh while in Korea on 13 or 14 February 1951. The shrapnel was surgically removed, however, a small piece remains in his arm. He is requesting the PH so that it may be reflected on his grave marker. He also wishes to obtain special vehicle tags. He submits in support of his request: a copy of a VA Form 2507 (Compensation and Pension Exam Report), dated 13 January 1999; a copy of a WD Form 53 (Enlisted Record and Report of Separation-Honorable Discharge) with an effective date of 13 January 1949; and a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 17 November 1951.

4. The Memorandum of Consideration (MOC) of the Board’s 29 March 2000 review of the case (AR1999028147) is incorporated herein by reference as if wholly set forth.

5. The applicant’s submission is not new evidence, however, the Korean War Casualty List substantiates his contention that he was wounded while serving in Korea in February 1951 and this requires Board consideration.

6. As stated in the Board's previous decision, the applicant's records are presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.

7. Prior to the period of service under review, the applicant served honorably in the Regular Army from 12 September 1947 until he was transferred to the United States Army Reserve (USAR) on 13 January 1949. His WD AGO Form 53 shows that he was awarded the Parachute Badge, Expert Marksmanship Badge (.30 Caliber M-1Rifle), and the honorable service lapel button. It does not show award of the Good Conduct Medal (GCMDL). Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence of such a consideration.

8. On 10 October 1950, the applicant was recalled to serve in an active duty status for 21 months. The Korean War Casualty List shows that on 11 February 1951, while assigned to the 5th Calvary Regiment (Infantry), 1st Calvary Division, and serving in military occupational specialty 4745 as a Light Weapons Infantryman, he was seriously wounded in action by a missile. The type of medical treatment that he received is not a matter of record and it is noted that he returned to duty.

9. On 17 November 1951, the applicant was released from active duty and returned to the USAR. His DD Form 214 shows that he was awarded the Combat Infantryman Badge and the Korean Service Medal with three bronze service stars.

10. The VA Form 2507 that the applicant submitted indicates that the examining official determined that he has a well-healed area on his right forearm and that 1 centimeter under the skin area may well be a piece of metal. The examining official also states that he has some well-healed scars on his right leg and thigh and that his impression is that they are multiple wounds from shrapnel.

11. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards and provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

12. Army Regulation 600-8-22 provides that the GCMDL 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 GCMDL, disqualification must be justified.

13. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal (NDSM) 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.

14. Army Regulation 600-8-22 provides for award of the United Nations Service Medal (UNSM). 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.

15. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Korea. This document shows the unit to which the applicant was assigned was cited for award of the Gold Bravery Medal of Greece for the period the entire Korean War by Department of the Army General Order Number 2, dated 1956. It also shows that specific subordinate units (company level) of the 5th Cavalry Regiment were awarded the Distinguished Unit Citation (DUC) for extraordinary heroism in action during three specific dates during the Korean War. The applicant's company level unit cannot be determined from the available records.
CONCLUSIONS:

1. The Board determined that the applicant's WD AGO Form 53 for the period 12 September 1947 to 13 January 1949 should be corrected to show award of the GCMDL.

2. The Korean War Casualty List indicates the applicant was wounded in action while serving in Korea on 11 February 1951. Therefore, the Board concludes that he should be awarded the PH.

3. The applicant is also authorized award of the NDSM, UNSM, and the Gold Bravery Medal of Greece.

4. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION:

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

a. by issuing to the individual concerned a DD Form 215 (Correction to WD AGO Form 53) to show award of the GCMDL for his period of service between 12 September 1947 and 13 January 1949;

b. by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show that he was awarded the PH, the NDSM, the UNSM, and the Gold Bravery Medal of Greece.

BOARD VOTE:

__fne____ ___pm__ ___rwa__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065705
SUFFIX
RECON
DATE BOARDED	20020516
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19511117
DISCHARGE AUTHORITY	AR615-363
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.