PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 September 2003
         DOCKET NUMBER: AR2002080848


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Frank C. Jones, II		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 he be issued a DD Form 215 (Correction to DD Form 214) showing all of the medals, awards, and certificates to which he is entitled, especially the Purple Heart. Further, he requests that the Certification of Military Service (NA Form 13036), dated 4 April 2001, be corrected to reflect his rank as Corporal vice Private First Class.

3. The applicant states that he has no DD Form 214 (Report of Separation from the Armed Forces of the United States) for his initial period of active service in the Regular Army (RA) from 6 January 1951 to 5 November 1953, but that he was wounded during the Korean War.

4. In support of his application, the applicant submits copies of the following documents: Certificate of Military Service (6 January 1951 to 5 November 1953); DD Forms 214 for the periods of service from 6 November 1953 to 5 November 1959, from 6 November 1959 to 5 November 1965, and from 6 November 1956 to 31 December 1968; DD Form 13 (Statement of Service), dated 15 October 1969; DD Form 398 (Statement of Personal History), dated 5 February 1958; a 17 July 2002 letter from an individual who believes he was the photographer who recorded the applicant's Purple Heart ceremony; an undated newspaper clipping stating "PFC [Applicant] has been wounded in action in Korea according to word received by his parents . . . Private [Applicant] was wounded October 7, while serving with the 7th Cavalry Regiment in Korea;" an undated newspaper clipping stating that "PFC [Applicant] has returned to the United States after 28 months of service in the South Pacific [during World War II]. He is a patient in U.S. Naval Hospital, Balboa Park, San Diego, Calif;" a Certificate of Marriage; a 10 July 1998 letter from the Department of Veterans Affairs; a photograph of a soldier receiving a medal, with the following caption, "Tokyo---Army Cpl. [Applicant name and civilian address], veteran of 10 months' Korean war service, was recently awarded the Purple Heart Medal by Col. [Name] during special ceremonies held at Hardy Barracks here;" a 23 July 2002 duplicate of the above 17 July 2002 letter; an authorization for a Veterans Administration counselor to receive applicant's records; and a Certificate stating that applicant was a member of General Mark W. Clark's Honor Guard from 8 March-7 October 1953.

5. The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein is limited to those documents that were obtained from the applicant and hospital admissions cards that were created by the Office of the Surgeon General between 1950-1954.

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6. The information available shows that the applicant served in the United States Marine Corps (USMC) from 1 April 1942 to 20 October 1945. There is no WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) available for the applicant's World War II service.

7. The applicant was without military status from 21 October 1945 to 5 January 1951. On 6 January 1951, he enlisted in the RA and served until he was honorably separated on 5 November 1953 for the purpose of immediate reenlistment. No DD Form 214 is available for this period of service; however, the applicant did submit an NA Form 13038 (United States of America-Certification of Military Service) that was issued to him on 4 April 2001 showing that he served honorably in the RA from 6 January 1951-5 November 1953 and that his last grade, rank or rating was Private First Class.

8. Information obtained from hospital admission cards created by the Office of The Surgeon General shows that, on 7 October 1951, while serving in Korea, the applicant was admitted to an overseas hospital and treated for a wound to the forearm (no nerve or artery involvement) and a wound to the "abdomen, abdominal wall and pelvis: back, generally." The wounds were the direct result of action against or by an organized enemy and the casualty agent was determined to be explosive projectile shells from a gun, mortar, etc.. The applicant was not evacuated to the United States. His rank at that time is not shown.

9. The Surgeon General's data is verified by data contained in the US Army Korean War Casualty File (TAGOKOR), 1950-1953. It shows that the applicant was an infantryman (military occupational specialty, or MOS, 4745) assigned to the 7th Cavalry Regiment, 1st Cavalry Division, and that he was "seriously WIA (wounded in action) by missile" on 7 October 1951.

10. Following his 5 November 1953 separation, the applicant, through a series of reenlistments, served continuously thereafter until 31 December 1968 when he was honorably discharged and placed on the retired list on 1 January 1969 with the rank of Sergeant First Class, pay grade E-7.

11. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It 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: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

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12. AR 600-8-22 also provides the following:

         a. Award of the Asiatic-Pacific (APTO) Campaign Medal. It is awarded for service in the Asiatic-Pacific Theater of Operations (APTO) between 7 December 1941 and 2 March 1946.

         b. Award of the World War II Victory Medal (WWII Victory Medal). It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

         c. Award of the Korean Service Medal. It is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

         d. Award of the United Nations Service Medal (UNSM). In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.

         e. Award of the Combat Infantryman Badge (CIB). It is awarded based on the premise that an Army enlisted soldier possessed an infantry MOS; that he satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size; and that he and his unit engaged in active ground combat. A recipient must have been personally present and under hostile fire while serving in an assigned infantry MOS, in a unit actively engaged in ground combat with the enemy.

13. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean War. This document shows the 7th Cavalry Regiment, the unit to which the applicant was assigned, was cited for award of the Distinguished Unit Citation for the period 3-12 October 1951 by Department of the Army General Order Number 74, dated 1952. It also shows that the unit was awarded the Bravery Gold Medal of Greece for the period of the Korean War by Department of the Army General Order Number 2, dated 1956.

CONCLUSIONS:

1. Because the applicant's service records are no longer available, it is impossible to determine each and every award or decoration to which he may be entitled. However, sufficient information does exist to determine with certainty that he is entitled to the Purple Heart for wounds received in combat on 7 October 1951.

2. It is also possible to determine that he is entitled to the following service and campaign medals, badges, and unit awards: the Asiatic-Pacific Campaign Medal, for his service in the USMC during World War II; the World War II Victory Medal; the Korean Service Medal and the United Nations Service Medal, for his service during the Korean War; the Combat Infantryman Badge for his service in MOS 4745 (Light Weapons Infantryman) with the 7th Cavalry Regiment, resulting in his wounding on 7 October 1951; and the Distinguished Unit Citation and Bravery Gold Medal of Greece for his Korean War service with the 7th Cavalry Regiment.

3. Unfortunately, the applicant's current submissions are not sufficient to enable the Board to determine the validity of his request that his rank be changed from Private First Class to Corporal on his Certification of Military Service (NA Form 13036), dated 4 April 2001.

4. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 to his DD Form 214, dated 31 December 1968, showing award of the Purple Heart, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Korean Service Medal, the United Nations Service Medal, the Combat Infantryman Badge, the Distinguished Unit Citation, and the Bravery Gold Medal of Greece.

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

BOARD VOTE:

__rvo___ __bje___ __fcj___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O'Connor, Jr.
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080848
SUFFIX
RECON
DATE BOARDED	20030904
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19531105
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	102.0200
2.	107.0015
3.
4.
5.
6.