MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 May 2002
         DOCKET NUMBER: AR2002069144

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Donald P. Hupman, Jr.		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That his Report of Separation, DD Form 214, be amended to show his military occupational specialty (MOS) as gun loader on an M46 tank, that he completed Surveying School, and to show he was awarded the Purple Heart and other combat medals to which he is entitled.

APPLICANT STATES: That he did not accidentally shoot himself with a carbine rifle while cleaning it as his medical records state. He was in a tank battalion and they were never issued carbine rifles, just .45 pistols. Even then, they seldom carried the pistols because they would get in the way as they jumped into the tank. To his knowledge, a carbine wound does not leave shrapnel as noted in Department of Veterans Affairs (VA) documents. They were in battle and passing an American half-track vehicle that a mortar had hit. Soldiers were still in the vehicle and badly hurt. He was able to hook the cable from his tank to the half-track and when he jumped back into the tank he was hit with something. He was airlifted to a hospital for treatment of his leg wound. As supporting evidence he provides extracts from his service medical records and his VA medical records.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

The applicant entered active service on 7 December 1950.

Service medical records show the applicant received a gunshot or missile wound to his left anterior thigh at 8:00 p.m. on 22 October 1951 while assigned to Company C, 6^th Medium Tank Battalion, 24^th Division. He was treated at the aid station where his records were annotated that he received a gunshot (carbine shot) wound to the left thigh while cleaning his tank. An admission record dated 23 October 1951 is annotated that he was accidentally injured in the company area when he was cleaning a gun, carbine, which discharged, going into his left thigh. An admission record dated 26 October 1951 is annotated that he was accidentally injured when he was cleaning a carbine and it discharged. A Clinical Record dated 26 October 1951 is annotated that he was wounded in action. A Clinical Record dated 8 December 1951 is annotated that he was injured when he was cleaning a carbine.

The applicant was released from active duty on 10 November 1952 after completing 1 year, 11 months, and 4 days of creditable active service with no lost time. His DD Form 214, item 28 shows his most significant duty assignment was Headquarters and Headquarters Company, 6^th Tank Battalion; item 5 shows his MOS as 4345 (Light Vehicle Driver); item 27 shows he was awarded the Korean Service Medal with two bronze service stars, the Army of Occupation Medal (Japan), and the United Nations Service Medal; and item 30 shows he did not complete any service schools. He signed his DD Form 214.
VA Progress Notes dated July 2001 indicate the applicant told the VA he was wounded by “something” while trying to pull a half-track with his tank. The field hospital could not fix his leg where the shrapnel was so he was sent to Japan where they removed brass from his leg. The brass likely came from a bullet hitting the brass ring around the hatch.

On 15 February 2002, the National Personnel Records Center authorized issuance to the applicant of the Army Good Conduct Medal, the Army of Occupation Medal with Japan Clasp, the National Defense Service Medal, the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, and the United Nations Service Medal. They informed him, through his Senator, that he was authorized the Republic of Korea Presidential Unit Citation (verified with Department of the Army Pamphlet 672-1), a foreign award which he would have to obtain from civilian sources, and provided him detailed information on how to request the Korean War Service Medal.

On 20 March 2002, the U. S. Total Army Personnel Command informed the applicant that he was not eligible for award of the Combat Action Ribbon as the Secretary of the Navy recently authorized this award to Navy and Marine Corps veterans who served in combat in or after World War II.

Army Regulation 600-8-22 states 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 by a medical officer, and the medical treatment must have been made a matter of official record. It also 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 morale 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 have 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.

In processing this case, the historical files of the 6^th Medium Tank Battalion were reviewed at the National Archives, College Park, MD, particularly the Unit Reports for periods 6:00 p.m. to 6:00 p.m. 20 through 21, 21 through 22, and 22 through 23 October 1951. The Unit Report for 20 through 21 October 1951 does not indicate there was any enemy activity, there were no killed or wounded in action, and one individual was evacuated from the battalion aid station. The Unit Report for 21 through 22 October 1951 indicates 700 enemy troops were located but apparently not engaged and there were no killed or wounded in action. The Unit Report for 22 through 23 October 1951 indicates 70 rounds of artillery fire and 30 rounds of mortar fire were received and four individuals were evacuated from the battalion aid station. None of the Unit Reports identified evacuated individuals by name.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There is insufficient evidence to show the applicant was wounded as a result of hostile fire. All available medical documents but one show he was accidentally injured either while cleaning a carbine or while cleaning his tank and a carbine went off. The medical documents show he was injured on 22 October 1951 around 8:00 p.m. The battalion Unit Report for the period 6:00 p.m. 22 October 1951 to 6:00 p.m. 23 October 1951 confirms there was incoming enemy artillery and mortar and four individuals were evacuated from the battalion aid station; however, those individuals are not identified.

2. It cannot be verified that the applicant’s MOS was not 4345 or that he completed Surveying School. In the absence of evidence to the contrary, administrative regularity is presumed in the preparation of his DD Form 214 especially since the applicant signed his DD Form 214.

3. The applicant was authorized issuance of several awards and decorations (the Army Good Conduct Medal, the National Defense Service Medal, the Combat Infantryman Badge, and the Republic of Korea Presidential Unit Citation) which are not listed on his DD Form 214 but should be. However, even though he was authorized issuance of the Combat Infantryman Badge he did not meet the eligibility criteria for award of this Badge. Even if he was a gun loader and not a light vehicle driver, he was not an infantryman assigned to an infantry unit. Actions cannot and would not be taken to take away what medals the applicant was already issued no matter the error under which they were presented to him. The Board appreciates his service in a combat area in a combat unit; however, his DD Form 214 will not be amended to add an award to which he is not entitled.

4. The applicant has already been given detailed information on how to request the Korean War Service Medal. Once the Korean War Service Medal has been 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 award to his DD Form 214.

5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Boards Agency, Support Division will be directed to administratively correct the applicant’s DD Form 214 to show he was awarded the Army Good Conduct Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__mhm___ __kan___ __dph___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002069144
SUFFIX
RECON
DATE BOARDED	20020514
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	110.04
2.	107.0015
3.
4.
5.
6.