PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003085212


         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. Fred N. Eichorn		Chairperson
Ms. Shirley Powell		Member
Mr. Robert Duecaster		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, in effect, correction of item 28 (Most Significant Duty Assignment) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show Company K, 38th Infantry Regiment Combat Team instead of Company K, 38th Infantry. He also requests correction of this DD Form 214 to show a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), the Good Conduct Medal, the Combat Infantryman Badge, two bronze service stars to be affixed to the Korean Service Medal, the Bronze Star Medal with "V" Device, the Distinguished Unit Citation, the National Defense Service Medal, and the United Nations Service Medal.

3. The applicant states, in effect, that his duty assignment was Company K,
38th Infantry Regiment Combat Team. He contends that he is entitled to two awards of the Purple Heart because he was wounded on 17 May 1951 and on
28 May 1951. He cites that an Executive Order, dated 1953, allows for the Good Conduct Medal to be awarded for one year of continuous service during wartime. He contends that he is entitled to award of the Combat Infantryman Badge because he served in an infantry military occupational specialty (MOS) in combat, assigned to an infantry company and was wounded on two occasions. He further contends that he is entitled to two bronze service stars to be affixed to the Korean Service Medal because he participated in two campaigns during his assignment in Korea. He contends that he is entitled to the Bronze Star Medal with "V" Device for herosim on 17 May 1951. He goes on to state that in 1984 he received the Distinguished Unit Citation, the National Defense Service Medal, the Korean Service Medal with one bronze service star and the United Nations Service Medal and would like his DD Form 214 to reflect these awards. In support of his application, he submits a letter, dated 26 March 2002, from the Review Boards Agency; a letter of explanation, dated 10 February 2002; a copy of his DD Form 214; an excerpt pertaining to the 38th Infantry Regiment Combat Team; an excerpt pertaining to military job specialties; a medical record, dated
23 October 1951; a copy of a DD Form 215 (Correction to DD Form 214), dated 24 January 1984; a DA Form 1577 (Authorization for Issuance of Awards), dated
10 February 1984; an excerpt pertaining to campaigns during the Korean War; an excerpt titled, "membership;" an excerpt titled, "Facts on File;" four newspaper articles; an excerpt titled, "May Massacre;" and a unit journal summary, dated
17 May 1951.

4. The applicant's request for award of the Bronze Star Medal with "V" Device was addressed by separate correspondence to the applicant. Therefore, this portion of his request will not be discussed further in these proceedings.

5. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the DD Form 214 and service medical records.

6. The applicant's reconstructed records show he enlisted on 23 August 1950 for a period of 2 years. He served as an infantryman assigned to Company K,
38th Infantry Regiment of the 2nd Division from 24 March 1951 until he was wounded on 28 May 1951 and evacuated to the United States on 29 June 1951 for further medical treatment. On 31 January 1952, the applicant was honorably discharged by reason of permanent disability after completing 1 year, 5 months and 8 days of creditable service with no time lost.

7. The applicant's DD Form 214 shows the Korean Service Medal as an authorized award.

8. There is no evidence in the available records which shows the applicant served in Company K, 38th Infantry Regiment Combat Team.

9. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows he received a gunshot wound to his right leg on 28 May 1951 in Korea.

10. Tokyo Army Hospital General Orders Number 179, dated 2 June 1951, show the applicant received the Purple Heart for wounds received in action on 28 May 1951 in Korea.

11. The Korean War Casualty Roster shows the applicant was wounded in action on 28 May 1951.

12. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 was corrected by adding the Purple Heart on a DD Form 215 (Correction to DD Form 214) dated 24 January 1984.

13. There is no evidence in the available records which shows the applicant was wounded on 17 May 1951 as a result of hostile action in Korea.

14. 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.

15. The available records show the applicant served in MOS 4745 (infantry) assigned to Company K of the 38th Infantry Regiment during his assignment in Korea.

16. Records show the applicant participated in two campaigns during his assignment in Korea.

17. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows among other information, unit awards and citations authorized for units which served during World War II. This document shows the applicant's unit received the Distinguished Unit Citation for actions during the period 16-22 May 1951 based on War Department General Order 72, dated 1951. The Distinguished Unit Citation was redesignated the Presidential Unit Citation on 3 November 1966.

18. Department of the Army Pamphlet 672-1 also shows the applicant's unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 16 September 1950 to 26 October 1953 by Department of the Army General Orders Number 10, dated 1954.

19. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

20. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

21. Army Regulation 600-8-22 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.

22. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.


23. Army Regulation 600-8-22 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

24. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. 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. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was assigned to Company K, 38th Infantry Regiment Combat Team. However, the applicant has provided no evidence to support this contention. The available records show that the applicant was assigned to Company K, 38th Infantry Regiment which is properly reflected in item 28 on his DD Form 214. Therefore, the Board determined that there is no basis for amending item 28 on the applicant's DD Form 214.

2. The applicant's DD Form 214 does not show the Purple Heart as an authorized award. Evidence of record and item 29 on his DD Form 214 show he was wounded in action on 28 May 1951 in Korea. However, item 27 of his DD Form 214 was corrected to show one award of the Purple Heart when a DD Form 215 was prepared on 24 January 1984.

3. The Board considered the applicant's contention that he was wounded on
17 May 1951 in Korea. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds that date as a result of hostile action in Korea. Therefore, the Board determined that there is insufficient evidence on which to base award of a second award of the Purple Heart in this case.

4. The Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 23 August 1950 through 31 January 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.



5. Evidence of record shows the applicant served in an infantry MOS and was assigned to an infantry company in combat in Korea. Evidence of record also shows that the applicant was wounded in action. Therefore, the Board determined that there was sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

6. Evidence of record shows the applicant participated in two campaigns during his assignment in Korea. Therefore, his DD Form 214 should be corrected to show award of the Korean Service Medal with two bronze service stars.

7. The applicant's unit was cited for the Distinguished Unit Citation (currently designated the Presidential Unit Citation) and the Republic of Korea Presidential Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit citations.

8. The applicant served a period of qualifying service for award of the National Defense Service Medal and the United Nations Service Medal. Therefore, his DD Form 214 should be corrected to show these medals.

9. 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 the applicant be awarded the first award of the Good Conduct Medal for the period 23 August 1950 through 31 January 1952.

2. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Good Conduct Medal, the Combat Infantryman Badge, the Korean Service Medal with two bronze service stars, the Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, the National Defense Service Medal, and the United Nations Service Medal.












3. That so much of the application as pertains to correction of the applicant's duty assignment in item 28 and a second award of the Purple Heart be denied.

BOARD VOTE:

FNE___ SP_____ RD______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085212
SUFFIX
RECON
DATE BOARDED	20031007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	100.0000
3.
4.
5.
6.