PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 April 2002
         DOCKET NUMBER: AR2002066811


         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
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. George D. Paxson		Member
Mr. Charles Gainor		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 that his undesirable discharge be upgraded to a general discharge and that his Report of Separation from the Armed Forces of the United States (DD Form 214) be corrected to show the awards of the Purple Heart (PH), the Combat Infantryman Badge (CIB), the Korean Service Medal (KSM) and to show all awards to which he is entitled for his service in Korea.
The applicant submits a copy of his DD Form 214 in support of his application.

3. The applicant states, in effect, that he was wounded in Korea and that his DD Form 214 does not show the PH, the CIB and the KSM. He was evacuated to
the Naval Hospital in Philadelphia, Pennsylvania for further treatment. He wanted to see his family and the hospital would not release him so he left. He was immature, only 18 years old and he did not know any better.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from a partially reconstructed record and shows that he entered active duty on 13 May 1948. His DD Form 214 shows his military occupational specialty (MOS) as 4745 (Intermediate Speed Radio Operator).

5. His DD Form 214, item 29 (Wounds Received as a Result of Action with Enemy Forces) shows Korea 19 September 1950.

6. Two Surgeon General’s Hospital Admission Cards are available. The first card indicated that the applicant was wounded on 19 September 1950 while serving in Korea. He was treated at an overseas Army medical treatment facility for a gunshot wound to his abdomen. The second card indicated that the applicant was evacuated to the Naval Hospital, Philadelphia, Pennsylvania, for further treatment. The applicant’s injury was characterized as a battle casualty.

7. There are no orders in the applicant’s reconstructed record, which shows that he was awarded the CIB.

8. The Board notes that the applicant was eligible to receive the KSM for his services in Korea.

9. On 13 December 1951, the applicant was discharged from active duty service. His DD Form 214, item 27 (Decorations, Medals, Badges and etc.) does not show the PH, the CIB, the KSM or any other authorized awards.






10. DA Form 1577, dated 8 December 2000 (Authorization for Issuance of Awards) filed in the applicant’s official military personnel record awarded the applicant the National Defense Service Medal (NDSM).

11. 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.

12. Army Regulation 600-8-22 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.

13. Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army
Infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a moral booster for infantrymen. In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches. Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions. From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established. There are basically three requirements for award of the CIB. The
Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

14. 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.

15. 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 (UNSM) 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.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant was wounded while serving in Korea. The evidence of record shows that the applicant’s injury resulted from hostile action. Therefore, correcting the applicant’s DD Form 214, to show the award of the PH would be appropriate.

2. The evidence available to the Board shows that the applicant did not have an infantry MOS. While he certainly may have performed combat duties and he may have been assigned and supported an infantry unit to the extent of being involved in enemy fire while in Korea, however, those duties do not qualify him for award of the CIB.

3. The evidence of record shows that the applicant was eligible to receive the award of the KSM and the UNSM based on the award of the KSM. The evidence of record also shows that the applicant was awarded the NDSM. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

4. The applicant’s records were destroyed in the 1973 fire. The facts and circumstances concerning the applicant’s discharge are not available. Since sufficient records to determine exactly what happened in the applicant’s case
are not available, the Board can only presume that what the Army did in the applicant’s case was correct. Therefore, the Board cannot take any action on the applicant’s request for an upgrade.

5. 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 by amending the applicant’s DD Form 214 to show the awards
of the PH, the KSM, the UNSM and the NDSM.






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

BOARD VOTE:

__jl____ __gdp___ __cg____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066811
SUFFIX
RECON
DATE BOARDED	20020425
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0111
3.	107.0070
4.
5.
6.