| Mr. Carl W. S. Chun | Director | |
| Mr. Hubert S. Shaw, Jr. | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Roger W. Able | Member | |
| Ms. Regan K. Smith | Member |
2. The applicant requests award of the Purple Heart, the Bronze Star Medal, the Combat Medical Badge, the Good Conduct Medal and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was wounded on 15 July 1953 and that he served as a Medical Aidman, not "Airman."
3. The applicant states that during his rotation from Japan to the United States he was told that his awards would follow; however, they did not. He continues that he wrote to the Regimental Commander at the time, now the Commanding General of the 101st Airborne Division, who confirmed the facts of his wounding. The applicant also states that the Adjutant General wrote that the applicant was hospitalized for a heat injury and the affidavit from the 3rd Battalion's medical officer at the time could not be accepted as proof of the applicant's wounding.
4. The applicant contends that his wounding occurred on 15 July 1953 and the Army failed to separate two separate events: 1) wounds received on 15 July 1953; and 2) his evacuation for dysentery/heat exhaustion on 18 July 1953. He states that his "EMT" Tag was left in his medical aid kit at the front lines and it was never recovered after his return from the hospital.
5. In support of his application, the applicant provided a one-page addendum to his application regarding why the Purple Heart was not awarded to the applicant and his brother and a one-page addendum to his application regarding why the applicant and his brother did not receive the Bronze Star Medal. Additionally, the applicant provided 17 documents as listed on an index of documents including two letters (28 July 1958 and 6 August 1958) from a General Officer; 14 statements from the applicant, his brother and fellow soldiers who served with the applicant in Korea; and a copy of his DD Form 214.
6. The applicant’s military records have been lost or destroyed. The Board is considering this case based on reconstructed service personnel records and unit Morning Reports. There are no service medical records available and the Army Review Boards Support Agency-St. Louis reported the hospital admission data maintained by the Office of the Surgeon General of the Army contains no records pertaining to the applicant.
7. The applicant's DD Form 214 shows that he entered active duty on 25 January 1952 from the Army Reserve, Illinois Military District. He served overseas for approximately 16 months and was honorably separated from active duty and on 13 January 1954.
8. The applicant's DD Form 214 shows that his Branch of the Army was Medical Corps.
9. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows award of the Parachute Badge, the Korean Service Ribbon with two bronze service stars, the United Nations Service Medal, the National Defense Service Medal, and the Combat Infantryman Badge.
10. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry, "Northern Korea 17 July 1953."
11. Under item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) the third block shows the applicant attended the "Med Airman" course from December 1952 to January 1953.
12. Item 38 (Remarks) shows that the applicant had 5 days lost under Section 6a, Appendix 2b of the Manual for Courts-martial, dated 1951.
13. There is no evidence in the records available to the Board which shows that the applicant was wounded on 15 or 17 July 1953. A statement by the applicant's brother, who was also a medical aidman in the same unit, indicated that he reported that both he and his brother were wounded on 15 July 1953. A former company commander of L Company, 187th Parachute Infantry Regiment, now a retired colonel, stated that he could not remember the event, but that it must be true. The applicant's brother provided an undated three-page statement, notarized on 22 February 2000, which described the applicant's wounds and how he treated them and why the wound tags were never submitted. The applicant submitted his own 5-page undated statement, notarized on 22 February 2000, in which he described events surrounding his wounding and his brother's wounding.
14. In support of his claim for award of the Purple Heart, the applicant provided a copy of a 28 July 1958 letter to the Major General in command of the 101st Airborne Division at that time [formerly the colonel in command of the 187th Regimental Combat Team in Korea] and the Major General's 6 August 1958 response. The 6 August 1958 response states essentially that a medical doctor [apparently the battalion surgeon during operations in Korea hereafter identified as Dr. F] corroborated statements made by the applicant and his brother in their 28 July 1958 letter.
15. Among the papers submitted by the applicant is a 1st Indorsement, dated 25 September 1958, from the Office of the Department of the Army Adjutant General which states that the Morning Reports of Company L, 187th Regimental Combat Team, show the applicant "From duty to absent sick effective 18 July 53. Medical records indicate that he was removed from Hill 604 by litter and taken to the clearing station because of heat exhaustion. There is nothing in the records to indicate that [first name of the applicant's brother omitted] was injured or wounded on 15 July 1953."
16. Paragraph 2 of this 1st Indorsement states that [the name of the applicant's name omitted] "was absent sick in hospital from 18 July to 20 July 1953. There is nothing of record to indicate this hospitalization was for anything other than illness."
17. Paragraph 3 of this 1st Indorsement also states that "Regulations provide that the fact of the wound and the medical treatment must be made a matter of official record during the period of hostilities or within six months thereafter. Therefore, the affidavit of Dr. [last name omitted] may not be accepted at this time." The referenced affidavit is not among the papers submitted by the applicant.
18. Attached to the 1st Indorsement is a statement by the applicant's brother wherein he contends that he reported the fact he and the applicant were wounded on 15 July 1953 to the 3rd platoon leader of Company L and to the unit medical officer [Dr. F] at the battalion aid station. The applicant's brother further states that the 3rd Platoon leader was killed in action the following night on 16 July 1953. In conclusion, the applicant's brother stated that his wounds and the applicant's wounds on 15 July 1953 and his evacuation for heat exhaustion on 18 July 1953 were two separate items and that, because of the 3rd platoon leader's death, no formal reports of their wounds were rendered.
19. The applicant also provided a copy of a 17 February 2000 letter from retired colonel [hereafter identified as Colonel W] who formerly served as the Executive Officer and Company Commander of Company L, 187th Regimental Combat Team. He wrote to the Military Awards Branch of the U.S. Total Army Personnel Command that he had no personal knowledge of the events described by the applicant, but that he had discussed these events with members of the unit who were present at the time and that he was "confident that the statements submitted are factual." On 1 November 2001, the lieutenant colonel in the position of Chief of the Military Awards Branch responded to COL W. She stated essentially that she could not "authorize an award of the Purple Heart based solely on eyewitness statements" and that "official documentation must be provided verifying treatment of injuries received as a result of enemy action."
20. The applicant provided six statements authored by the applicant or his brother wherein they describe events purported to have occurred on 15 July 1953 and on 18 July 1953. The first statement [identified as Item DD-149-10-I] is five pages with the first page signed by the applicant's brother. Also on this first page is the sentence "I confirm and attest to the validity of the following actions and particulars" after which appears the name and signature of a person [hereafter identified an as Corporal EW]. Corporal EW is referred to in the statement as a soldier treated by the applicant on 15 July 1953. The front page also bears a notary seal, dated 22 February 2000. Pages 2 through 5 of this statement set forth events involving the treatment of soldiers [Sergeant First Class JH, Sergeant J, Corporal EW, and Corporal AC and the wounding of the applicant and his brother. It also describes events on 18 July 1953, essentially an outbreak of dysentery which resulted in evacuation of the applicant and the applicant's brother to a hospital. The applicant's brother asserts that the illness sustained on 18 July 1953 has nothing to do with the wounds sustained by the by them on 15 July 1953.
21. The second statement [identified as item DD-149-10-L] describes the events of 15 July 1953 and emphasizes the fact that the applicant and his brother were wounded on 15 July 1953 and that this event was totally unrelated to the "dysentery" for which he was hospitalized on 18 July 1953. It is also signed by Corporal EW] and the applicant. It was notarized on 22 February 2000.
22. The third statement, identified as DD-149-10-M, is exactly the same as item
DD-149-L, but it is signed by the applicant, attested to by an individual hereafter identified as Corporal AC, and notarized on 15 February 2000.
23. The fourth statement, identified as DD Form 149-10-N1, is exactly the same as items DD-149-L and DD-149-M, but it is signed by the applicant and attested to by the applicant and his brother. It was notarized on 4 February 2000.
24. The fifth statement identified as item DD-149-N2 is exactly the same as item DD-149-N2. This statement was signed by the applicant and contains the typed statement "I confirm and attest to the validity of the following actions and particulars." It is signed by the applicant and it was notarized on 4 February 2000.
25. The sixth statement, [identified as DD-149-10O, provided by the applicant was authored by his brother. The author describes that, after he attended to SFC H and Corporal EW, he treated the applicant. The applicant's brother states that he found the wounds to the applicant's left leg which consisted of small pieces of metal embedded in his left leg, used tweezers to remove the metal fragments, applied antiseptic and bandaged the wounds. The author also stated that the applicant was wounded on his left hand and forearm which he cleaned and bandaged. The author contends he notified Dr. F through litter bearers that he and his brother had been wounded and that "with our treatment to one another, we were remaining with our platoons." The author further states that he and the applicant filled out "EMT Tags" which were placed in the applicant's medical kit that was lost. This statement concluded with the assertion that the applicant and his brother along with several members of Company L came down with dysentery, but this was unrelated to their wounds. This statement was signed by the applicant's brother and attested to by the applicant's brother. It was notarized on 4 February 2000.
26. The seventh statement [identified as DD-149-10R] provided by the applicant is authored by the applicant and is signed by the applicant and attested to by the applicant and his brother. It was notarized on 4 February 2000. This statement essentially recounts an enemy attack around 3:00pm on or about 13 to 17 July 1953 during which the applicant engaged an enemy soldier. He recounts that, as he was moving to the second squad area without his carbine, an enemy soldier appeared and fired at the applicant. The applicant states that he rolled a hand grenade in the area of the enemy soldier and it exploded just as the second squad members fired their weapons and killed the enemy soldier. The applicant described that most of the second squad were wounded or dead. It was this event which the applicant believes was the basis for award of the Bronze Star Medal to him by either Company L or the Medical Company.
27. The applicant also provided a copy of his 4 February 2000 letter [identified as DD-149-10T] to Colonel W regarding award of the Purple Heart and the Bronze Star Medal. In that letter the applicant requested award of his Combat Medical Badge. The letter also states that "narrations" were submitted to Colonel W and that they would be typewritten and sent out for authentication after Colonel W's review.
28. The applicant also provided a copy of his five-page letter, dated 27 December 2000, [identified as DD -149-10U] to Colonel W regarding award of the Combat Medical Badge to the applicant since it was not shown on his DD Form 214.
29. The applicant also provided a statement by Corporal EW [identified as item DD 149-10V] in which Corporal EW states that the applicant and his brother were wounded on 15 July 1953. This statement was notarized on 20 December 2000.
30. The applicant also provided a statement by Corporal AC [identified as item DD-149-10W] wherein he states that he witnessed the fact that the applicant and his brother "were both wounded by shrapnel splinters while treating and evacuating" Sergeant JH and Corporal EW. This statement was notarized on 7 December 2000.
31. There are no service personnel records available to the Board which show the applicant was wounded as a result of hostile action. There are also no General Orders in the applicant's service personnel records which show the applicant was awarded the Purple Heart.
32. There are also no service medical records available to the Board which show that the applicant was wounded as a result of hostile action. The applicant's name is not listed on the Korean War Casualty Roster.
33. The Morning Reports for Company L, 187th Regimental Combat Team, during the period 15 July 1953 through 20 July 1953 do not show that the applicant or his brother was evacuated for wounds sustained in action on 15 July 1953. The Morning Report for that day also states that 3rd Platoon engaged in a fire fight approximately 30 minutes, the company was improving its positions and total casualties were one lightly wounded in action, four seriously wounded in action and one killed in action. The Morning Report for 15 July 1953 shows the duty status of Corporal EW and Sergeant First Class JH was changed from duty to seriously wounded in action evacuated to hospital.
34. The Morning Report for 16 July shows Sergeant GK's duty status was changed to seriously wounded in action right leg and buttocks vicinity of Kumwha, North Korea.
35. There is no mention of Sergeant J or Corporal AC in any Morning Reports during the period 15 through 20 July 1953.
36. There is no indication in the limited records available to the Board that the applicant was recommended for award of the Bronze Star Medal. There are also no General Orders available to the Board which show that the applicant was awarded the Bronze Star Medal.
37. There is no indication in the limited records available to the Board that the applicant was awarded the Combat Medical Badge.
38. A staff member of the Army Review Boards Agency conducted a review of unit records maintained at the National Archives in College Park, Maryland. Review of these records did not reveal any General Orders authorizing the applicant an award of the Purple Heart, the Bronze Star Medal, the Combat Medical Badge or the Good Conduct Medal.
39. Army Regulation 600-8-22 (Military Awards) 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.
40. Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
41. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the soldier must have been personally present and under fire during such ground combat.
42. Army Regulation 600-8-22 (Military Awards) provides that the 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. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
43. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.
44. As a matter of information, 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 service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.
45. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. 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.
CONCLUSIONS:
1. The Board considered the applicant's request for award of the Purple Heart.
2. The Board noted the applicant's DD Form 214 shows an entry in item 29 which indicates he was wounded in Northern Korea on 17 July 1953.
3. However, the Board also noted that there is no military record which shows that the applicant was wounded or treated for wounds as a result of hostile action.
4. The Board also noted that the applicant's DD Form 214, which is authenticated in his own hand at the time of his separation from active duty, does not show award of the Purple Heart.
5. The Board also noted the 1st Indorsement by the Office of The Adjutant General of the Army which states that the applicant was reported as from duty to absent sick effective 18 July 1953. Further the Board noted that medical records indicated the applicant was removed from Hill 604 by stretcher to the clearing station due to heat exhaustion. Finally, the Board noted the statement by the Commander of the U.S. Army Records Center that there is nothing in the records to indicate that the applicant was wounded or injured on 15 July 1953.
6. The Board also noted that the preponderance of the information in this case is based on statements authored by the applicant and his brother, not military records.
7. While the Board does not doubt that the applicant was involved in combat with enemy forces, his self-authored statements are insufficient, by themselves as a basis to change the date, "17 Jul 53," in item 29 of his DD Form 214 to 15 July 1953. The Board also determined that these statements are insufficient, by themselves, as a basis for award of the Purple Heart, particularly in view of the military records which show that the applicant was not awarded the Purple Heart and/or was not wounded. In the absence of orders awarding the Purple Heart or military medical records showing that competent military medical authority determined the applicant was wounded as a result of hostile action and treated for those wounds as required by the Army awards regulation, there is no basis to correct the applicant's records to show award of the Purple Heart.
8. The Board noted the applicant's request for award of the Bronze Star Medal. There are no General Orders awarding the applicant the Bronze Star Medal and there is no evidence of a recommendation for award of the Bronze Star Medal to him. As a result, there is insufficient evidence upon which to base correction of the applicant's records to show award of the Bronze Star Medal.
9. Records show that the applicant served as a medical aidman in Company L of the 187th Regimental Combat Team in combat in Korea. As a result, the applicant met the regulatory requirement for award of the Combat Medical Badge. Therefore, the applicant is entitled to award of the Combat Medical Badge and correction of his records to show award of this badge.
10. The Board noted the applicant's request for award of the Good Conduct Medal. Although there is no evidence the applicant was awarded the Good Conduct Medal or that he was disqualified for this award, the Board noted that the applicant's DD Form 214 shows that he had five days of lost time which is a disqualifying factor for award of the Good Conduct Medal. In view of the applicant's five days of lost time, the Board has determined that the applicant was disqualified from receiving the Good Conduct Medal and that his records will not be corrected to show this award.
11. The Board noted the applicant's contention that the entry "Med Airman" in the block under item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) is an error. Based on the applicant's records and the DD Form 214 of the applicant's brother who attended the same course, the entry "Med Airman" should be corrected to show "Medical Aidman."
12. 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:
a. by showing the individual concerned was awarded the Combat Medical Badge; and
b. by correcting the block labeled (Major Courses) under item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) of the DD form 214 of the individual concerned to show the entry "Medical Aidman" instead of the current entry "Med Airman."
2. That so much of the application as pertains to award of the Purple Heart, the Bronze Star Medal and the Good Conduct Medal be denied.
BOARD VOTE:
__JNS___ __RWA__ __RKS__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Mr. John N. Slone_______
CHAIRPERSON
| CASE ID | AR2002077370 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030821 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | MR CHUN |
| ISSUES 1. | 107.0000.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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