PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2003
         DOCKET NUMBER: AR2003085591


         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
Ms. Mae M. Bullock		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 correction of his DD Form 214 to show award of the Purple Heart, two awards of the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal, the American Campaign Medal, the First Class Artillery Badge, the Marksmanship Qualification Badge with Carbine Bar, the Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Antiaircraft Artillery Bar. He also requests that National Guard medals and badges be shown on his DD Form 214.

3. The applicant states, in effect, that he is entitled to the Purple Heart for wounds sustained on 24 December 1955 in Korea. He also contends that the aforementioned awards and decorations were omitted from his discharge document. In support of his application, he submits two medical records, dated 27 August 1957 and 20 May 1958; a Statement of Service; a Certification of Military Service issued on 22 November 2002; a DD Form 214 for the period ending on 4 March 1957; a DD Form 214 for the period ending on 15 March 1962; and numerous copies of his service personnel records.

4. The applicant’s Statement of Service shows that he enlisted in the Georgia Army National Guard on 26 February 1948 and was honorably discharged on
29 December 1952.

5. The available records do not contain any National Guard records.

6. The applicant's military records show that he enlisted in the Regular Army on 17 March 1953 for a period of 3 years. He served in Korea from 8 September 1953 through 30 January 1955 and was honorably discharged on 17 May 1955 for immediate reenlistment.

7. The available records do not contain a discharge document covering the applicant's period of service from 17 March 1953 through 17 May 1955. However, a Certification of Military Service was issued for this period of service on 22 November 2002.

8. The applicant reenlisted on 18 May 1955 for a period of 6 years. On 4 March 1957, he was placed on the Temporary Disability Retired List (TDRL) after completing 3 years, 10 months and 9 days of creditable active service. He was found physically fit and was removed from the TDRL on 31 December 1958. The applicant reenlisted in the Regular Army on 1 January 1959 and was honorably discharged on 15 March 1962 after completing 3 years, 2 months and 14 days of creditable active service.




9. The applicant's DD Form 214 for the period ending on 4 March 1957 shows the entry, "NA" [not applicable] in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). His DD Form 214 for the period ending on 15 March 1962 shows one award of the Good Conduct Medal in item 26.

10. Records show the actual hostilities for the Korean War ended on 27 July 1953. There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.

11. The applicant’s name does not appear on the Korean War Casualty Roster.

12. The applicant's Physical Evaluation Board proceedings contain a clinical record, dated 22 January 1957, which states the applicant was injured on
24 December 1955 when he was shot in the right thigh with a carbine. A TDRL clinical record, dated 23 October 1958, states that the applicant was shot in the right thigh with a carbine by a Korean national.

13. In support of his claim for award of the Purple Heart, the applicant provided medical records, dated 27 August 1957 and 20 May 1958. These medical records show that he "Has had wounds of his right leg in combat," that "as result of his being shot and robbed by a Korean while on the front" and that he "received a gunshot wound in the right thigh in December 1955 while fighting in Korea."

14. 2d Engineer Amphibious Support Battalion General Orders Number 5, dated
6 February 1962, show the applicant received the first award of the Good Conduct Medal for the period 2 February 1959 through 1 February 1962.

15. The applicant's DA Form 24 (Service Record) for the period 17 March 1953 to 4 March 1957 shows the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal, the First Class Artillery Badge and the Sharpshooter Marksmanship Qualification Badge with Antiaircraft Artillery Bar as authorized awards in Section 9 (Medals, Decorations, and Citations).

16. There is no evidence in the available records which shows the applicant was awarded or qualified for the Marksmanship Qualification Badge with Carbine Bar or the Marksmanship Qualification Badge with Pistol Bar.

17. 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.

18. 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. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

19. Army Regulation 600-8-22 provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and
27 July 1954.

20. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

21. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

22. 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.


23. 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 is entitled to the Purple Heart for wounds sustained on 24 December 1955 in Korea. The Board also noted the two medical records provided by the applicant which indicate he was injured during combat in Korea. However, the actual hostilities for the Korean War ended on 27 July 1953.

2. Medical evidence of record shows the applicant was injured on 24 December 1955 in Korea when he was shot in the right thigh with a carbine by a Korean national. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Korea. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

3. The applicant received the first award of the Good Conduct Medal for the period 2 February 1959 through 1 February 1962. However, the Board concludes that prior to the applicant's placement on the TDRL on 4 March 1957, he met eligibility criteria for the first award of the Good Conduct Medal for the period 17 March 1953 through 16 March 1956. Also, the Board concludes that following the applicant's removal from TDRL and reenlistment on 1 January 1959, he met eligibility criteria for the second award of the Good Conduct Medal for the period 1 January 1959 through 31 December 1961. Therefore, the orders for the applicant's first award of the Good Conduct Medal for the period
2 February 1959 through 1 February 1962 should be revoked and the appropriate orders for the first and second award of the Good Conduct Medal be published. The applicant's DD Form 214 for the period ending 15 March 1962 should also be corrected to show two awards of the Good Conduct Medal.

4. Based on his service from 17 March 1953 through 17 May 1955, the applicant is entitled to award of the National Defense Service Medal, the United Nations Service Medal and the Korean Service Medal. Therefore, his DD Form 214 for the period ending 15 March 1962 should be corrected to show these medals.
5. There is no evidence that the applicant served a period of qualifying service for award of the American Campaign Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the American Campaign Medal in this case.

6. The applicant's Service Record shows that he is entitled to award of the First Class Artillery Badge and the Sharpshooter Marksmanship Qualification Badge with Antiaircraft Artillery Bar. Therefore, his DD Form 214 for the period ending 15 March 1967 should be corrected to show these badges.

7. There is no evidence of record, and the applicant has provided no evidence, that he was awarded or qualified for the Marksmanship Qualification Badge with Carbine Bar or the Marksmanship Qualification Badge with Pistol Bar. Therefore, the Board determined that there is insufficient evidence on which to base award of these marksmanship qualification badges.

8. The Board noted the applicant's request that his National Guard awards be shown on his DD Form 24. However, there are no National Guard records available to the Board and the Board is unable to determine entitlement to any National Guard awards or decorations.

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 portion pertaining to the applicant on 2d Engineer Amphibious Support Battalion General Orders Number 5, dated 6 February 1962, be revoked.

2. That the applicant be awarded the first award of the Good Conduct Medal for the period 17 March 1953 through 16 March 1956.

3. That the applicant be awarded the second award of the Good Conduct Medal for the period 1 January 1959 through 31 December 1961.

4. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded two awards of the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal, the First Class Artillery Badge, and the Sharpshooter Marksmanship Qualification Badge with Antiaircraft Artillery Bar.





5. That so much of the application as pertains to award of the Purple Heart, the American Campaign Medal, the Marksmanship Qualification Badge with Carbine Bar and the Marksmanship Qualification Badge with Pistol Bar be denied.

BOARD VOTE:

AAO____ TBR____ MMB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085591
SUFFIX
RECON
DATE BOARDED	20030807
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.