PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002079639


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Thomas E. O'Shaughnessy		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 award of the Purple Heart and the Combat Infantryman Badge.

3. The applicant states, in effect, that he sustained a battle injury (mortar fire) in September 1950 in Korea. He also contends, in effect, that he was in the infantry while in Korea and is entitled to the Combat Infantryman Badge. In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); medical records, dated 22 November 1950, 10 July 1956, 4 May 1981, 22 June 1956, 17 August 1956; and an undated VA Form 8-526 (Veteran's Application for Compensation or Pension).

4. The applicant's military records show that he enlisted on 12 October 1949 for a period of 3 years. He served as a recon scout in Korea from 20 August 1950 through 19 September 1950 and served as a "H/C" crewman and supply records specialist/clerk typist in Japan from 20 September 1950 through 24 December 1952. The applicant was honorably discharged on 31 December 1952. He subsequently served on active duty in the Air Force.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or Combat Infantryman Badge as authorized awards.

6. Item 29 (Wounds Received as a Result of Action With Enemy Forces) on the applicant's DD Form 214 shows the entry, "NONE."

7. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Korea.

8. Evidence of record shows that on 30 December 1952 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

9. In support of his claim for award of the Purple Heart, the applicant provided copies of medical records from November 1950 to May 1981. A medical record, dated 22 November 1950, shows the applicant was in the infantry and admitted to the 361st Station Hospital in Japan on 20 September 1950 and was diagnosed with encephalitis (inflammation of the brain), infectious, acute, Japanese B type. This medical record also shows that the applicant was released to duty on
17 November 1950. There is no evidence of any injury as the result of hostile action.

10. A medical record, dated 17 August 1956, states, in pertinent part, "HISTORY OF PRESENT ILLNESS: Ringing in the left ear since battle injury in Sept [September] 1950. While stationed in Korea in 1950, the patient sustained a battle injury - mortar fire, at which time his left eardrum was 90% destroyed. He was hospitalized in Japan and remained there for 3 months in the hospital. During his course in the hospital he developed Japanese B. encephalitis."

11. A clinical record, dated 4 May 1981, states, in pertinent part, "This Army and Air Force veteran states that he had a concussion injury while on duty in Korea in September, 1950 and was unconscious for a few days and finally ended up being treated in the hospital." A clinical record, dated 22 June 1956, states, in pertinent part, "In September 1950, in Korea the patient suffered combat injury from shell fire plus Japanese B- encephalitis with subsequent main complaint of ringing in the left ear." Item 11 (Nature of Diseases or Injuries for Which Claim is Made and Date Each Began) on an undated VA Form 8-526e (Veteran's Application for Compensation or Pension) states, in pertinent part, "Otitis media (inflammation of the middle ear) - October 1950 - Korea - concussion from shell."

12. There are no orders for the Combat Infantryman Badge in the available records.

13. The applicant's DA AGO Form 20 (Soldier's Qualification Record) shows that he completed 14 weeks training and was awarded military occupational specialty (MOS) 4761 (recon scout). The applicant's DD Form 230 (Service Record) shows that he served in Korea from 20 August 1950 through 20 September 1950. However, his DA AGO Form 20 (Soldier's Qualification Card) and his service record show that he was assigned to the 6214th ASU, Replacement Center at Camp Stoneman, California, from 18 August 1950 to 19 September 1950.

14. The applicant's DA AGO Form 20 (Soldier's Qualification Card) and his DD Form 230 (Service Record) show that from 20 September 1950 to 20 November 1950 the applicant was listed as a patient at the 361st Station Hospital in Japan. He was assigned to the 243rd Transportation Port Company from 23 November 1950 through 7 August 1951 in MOS 4065 ("H/C" crewman) during his assignment in Japan. He was assigned to Headquarters and Headquarters Company, 2nd Transportation Major Port from 8 August 1951 through
19 December 1952 in MOS 3835 (supply records specialist) during his assignment in Japan.

15. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. Section 14 of the applicant's DD Form 230 (Service Record) states in pertinent part, "31 Dec [December] 52 [1952] Discharge Character and Efficiency Rating Unknown Favorably for Good Conduct Medal."

16. 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.

17. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

18. Army Regulation 600-8-22 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

19. 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.

20. 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 noted the applicant's contention that he sustained a battle injury (mortar fire) in September 1950 in Korea.

2. The Board also reviewed the medical records, dated 1956 and 1981, provided by the applicant, which show that he reported that he sustained a battle injury in September 1950 and was hospitalized for three months in Japan.

3. However, the medical record, dated 22 November 1950, provided by the applicant, shows that on 20 September 1950 he was hospitalized and diagnosed with encephalitits, infectious, acute, Japanese B type, not as the result of a battle injury. This medical record also shows that the applicant returned to duty on
17 November 1950.

4. There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action in Korea.

5. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

6. The Board considered the applicant's contention that he is entitled to the Combat Infantryman Badge. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry unit in Korea. Therefore, the Board determined that there was insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

7. The applicant is entitled to the first award of the Good Conduct Medal for the period 12 October 1949 through 31 December 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.





RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal.

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

BOARD VOTE:

AAO__ TBR_____ TEO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079639
SUFFIX
RECON
DATE BOARDED	20030401
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0111
3.	107.0000
4.
5.
6.