PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 November 2002
         DOCKET NUMBER: AR2002068118


         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:

Mr. Melvin H. Meyer		Chairperson
Mr. John T. Meixell		Member
Mr. Eric N. Andersen		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected by removing the statement "Purple Heart - Authority not available" from item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

3. The applicant states, in effect, that he was awarded the Purple Heart for wounds sustained in Korea. However, the statement "Authority not available" is derogatory in nature and should be removed.

4. The applicant’s military records show that he was inducted into the Army of the United States on 20 May 1952. He completed the required training and was awarded military occupational specialty 1745 (rifleman).

5. The applicant arrived in Korea on or about 16 January 1953. He was assigned to Company G, 5th Infantry Regiment. His DD Form 230 (Service Record) shows in section 8 (Wounds Received Through Enemy Action) that he was wounded on 28 January 1953. He was treated and eventually evacuated to the United States.

6. WD AGO Form 0707 (Record of Award of the Purple Heart) shows that the applicant was awarded the Purple Heart by U.S. Army Hospital, 8169th Army Unit General Orders (GO) Number 8, dated 17 February 1953. This document shows that the applicant was wounded in the vicinity of the "Punchbowl" in North Korea on 8 January 1953.

7. On 24 March 1953, the applicant was found unfit for further military service by a Physical Evaluation Board. On 30 April 1953, he was permanently
retired by reason of a physical disability. He completed 11 months and 11 days of creditable active service.

8. The applicant’s DD Form 214 shows the United Nations Service Medal, the Korean Service Medal with one bronze service star, and the "Purple Heart - Authority not available" as authorized awards.

9. Special Regulation 615-360-1 (Enlisted Personnel), in effect at the time, governed preparation of the DD Form 214. It stated that decorations would be entered in item 27 with the authority for each decoration.

10. There is no indication in the applicant’s personnel record that shows he was awarded the Army Good Conduct Medal. His record shows that he received excellent conduct and efficiency ratings during his entire period of service. There is no evidence of derogatory information contained in the available record.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. In pertinent part, it states that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman. There are basically three requirements for award of the Combat Infantryman Badge. 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.

12. Army Regulation 600-8-22 also 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.

13. Army Regulation 600-8-22 also provides, in pertinent part, that the Army 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 is only upon termination of service of more than 1 year or is upon termination of service less than 1 year when separation was by reason of a physical disability incurred in the line of duty.

14. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that Company G, 5th Infantry Regiment, received the Republic of Korea Presidential Unit Citation for actions during the period 31 July 1950 to 27 July 1953.

15. On the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom
of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214.





CONCLUSIONS:

1. The evidence of record shows that the applicant was awarded the PH by
U. S. Army Hospital, 8169^th Army Unit, GO 8, dated 17 February 1953.
Therefore, the proper authority is a matter of record and the entry "Authority not available" should be removed and replaced by the proper authority as required by the regulation.

2. The evidence of record shows that the applicant met the criteria for award of the Combat Infantryman Badge. He possessed an infantry MOS, he served in an infantry unit that engaged in active ground combat, and he actively participated in ground combat as evidenced by his award of the Purple Heart. Therefore, he is entitled to correction of his records to show this award.

3. The evidence of record shows that the applicant met the regulatory requirements for award of the Army Good Conduct Medal for the period 20 May 1952 through 30 April 1953 because he was separated for physical disability in the line of duty. Therefore, he is entitled to correction of his records to show this award.

4. The evidence of record shows that the applicant met the criteria for award of the National Defense Service Medal. Therefore, he is entitled to correction of records to show this award.

5. The evidence of record also shows that he was assigned to a unit during a period of time that the unit was awarded the Republic of Korea Presidential Unit Citation. Therefore, he is entitled to correction of his records to show this foreign award.

6. 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 by:

a. deleting "Purple Heart - Authority not available" from item 27 of the applicant’s DD Form 214;

b. awarding the applicant the Army Good Conduct Medal for the period 20 Many 1952 through 30 April 1953, the Combat Infantry Badge, and the National Defense Service Medal.


c. amending the applicant’s DD Form 214 to show that he was awarded the Purple Heart on GO 8, USA Hospital, 8169th Army Unit dated 17 February 1953, the Army Good Conduct Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:

__MHM_ ___JTM_ __ENA __ GRANT AS STATED IN RECOMMENDATION

_______ ________ ________ GRANT FORMAL HEARING

_______ ________ ________ DENY APPLICATION




                  _Melvin H. Meyer___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068118
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/11/05
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.