PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 June 2002
         DOCKET NUMBER: AR2002067843


         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. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Regan K. Smith		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, that his military records be corrected to show award of the Purple Heart (PH).

3. The applicant states, in effect, that on 8 August 1951, he was awarded the PH for wounds received in action during the Korean War and he is entitled to have this award added to his military records. In support of his application he submits a witness statement and a copy of his separation document (DD Form 214).

4. The applicant’s military records show that on 18 January 1951, he entered the Army. He served on active duty for 1 year and 9 months and was awarded the Silver Star, Korean Service Medal with 1 bronze service star, United Nations Service Medal, and Combat Infantryman Badge. On 17 October 1952, he was honorably released from active duty in the rank of sergeant first class/E-6.

5. Section 8 (Wounds Received Through Enemy Action) of the applicant’s Service Record (DD Form 230), which documents his record of service for the period 18 January 1951 through 17 October 1952, is blank. This would indicate that he was not wounded or injured in action during the period of service covered by this record. Section 9 (Medals, Decorations, and Citations) does not include the PH in the list of authorized awards, which would indicate that he was not awarded the PH during his tenure on active duty.

6. The DD Form 214 issued to and authenticated by the applicant on the date of his separation, 17 October 1952, does not include the PH is the list of authorized awards contained in Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). In addition,
Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “None”, indicating that he was not wounded or injured in action during his tenure on active duty.

7. The applicant’s Report of Medical Examination (Standard Form 88) dated
15 October 1952, which medically cleared him for separation, gives no indication that he sustained or was treated for a wound or injury received in action.

8. On 27 March 1953, the office of The Adjutant General (TAG) requested the applicant’s unit casualty records be reviewed to determine if he had been awarded the PH or sustained a wound in action.

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9. On 7 April 1953, a first endorsement prepared by Headquarters, 38^th Infantry Regiment, in response to the TAG request, indicated that records on file did not indicate that the applicant was wounded in action or awarded the PH while he was assigned to that organization. A second endorsement prepared by Headquarters, 2^nd Infantry Division, indicated that casualty records at that headquarters failed to reveal that the applicant sustained wounds in action. Finally, a third endorsement prepared by Headquarters, US Forces Far East, notified the TAG that casualty records in their headquarters failed to show that the applicant was ever in a casualty status while in Korea.

10. The witness statement provided by the applicant indicates he was wounded in combat on 8 October 1951, and was awarded the PH during a battalion awards ceremony.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force. Paragraph 2-8b defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy. It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

12. Paragraph 2-10 provides guidance on awarding the National Defense Service Medal (NDSM), and it states, in pertinent, that it is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954.

13. Chapter 4 provides guidance on awarding the Army Good Conduct Medal (AGCM) and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, a period of 1 or more years is considered a qualifying period if awarded at the termination of a period of Federal military service. There is no automatic entitlement to the AGCM, but disqualification must be justified.

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14. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II and the Korean War. According to this source, the
38^th Infantry Regiment, the applicant’s unit in Korea, earned the Republic of Korea Presidential Unit Citation for its service in Korea between 19 September 1950 and 31 July 1952, as authorized in Department of the Army General Order Number 41, issued in 1955.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he was awarded the PH on
8 August 1951, for wounds he received in Korea, and that his military records should be corrected to show award of the PH. However, it finds insufficient evidence to support this claim.

2. By regulation, in order to award the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

3. Notwithstanding the witness statement provided by the applicant, which was rendered many years after the fact, the evidence of record clearly establishes that the PH award issue was addressed by the Army TAG in 1953, shortly after the applicant’s separation. At that time, a search of the applicant’s unit files was conducted at the direction of the Army TAG. This unit files search failed to show that the applicant was ever wounded in action during his tenure of service in Korea or that he was ever awarded the PH in his unit.

4. The Board wishes to thank and congratulate the applicant for his outstanding combat service. Further, it wishes to clarify that the veracity of his contention is not in question. However, based on the lack of evidence to satisfy the regulatory burden of proof necessary to award the PH, the Board is compelled to deny the requested relief. This action is taken in the interest of fairness to all those who served in the Korean Conflict and who face similar circumstances.

5. Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his unit commanders, the Board concludes the applicant’s honorable service, from 18 January 1951 to 17 October 1952, entitles him to receive the first award of the AGCM. Therefore, the Board finds that it would be appropriate to add this award to his records at this time.

6. The evidence of record also shows that the applicant served a qualifying period for award of the NDSM and the Republic of Korea Presidential Unit Citation, and it concludes that it would also be appropriate to add these awards to his record at this time.

7. 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 awarding the individual concerned the Army Good Conduct Medal for his honorable service from 18 January 1951 to 17 October 1952, the National Defense Service Medal and Republic of Korea Presidential Unit Citation for the designated periods of qualifying service; and by providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:

JLP AAO RKS GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067843
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/06/04
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.