PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 September 2003
         DOCKET NUMBER: AR2003086027


         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
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart, the Combat Infantryman Badge and the Good Conduct Medal.

3. The applicant states, in effect, that he received a concussion and ruptured right eardrum as the result of a North Korean shelling in August 1952. He contends that he blacked out for a couple of hours and when he woke up his right ear was bleeding. In support of his application, he submits a VA Form 21-4138 (Statement in Support of Claim), dated 30 May 2000; a letter, dated 14 January 2003, from the National Personnel Records Center; a DD Form 214; letters of explanation, dated 19 March 2003 and 17 October 2002; a letter, dated
14 February 2001, from the U.S. Total Army Personnel Command; a letter, dated 4 February 2002, from the Department of Veterans Affairs (DVA); a letter, dated 31 March 1993, from the Department of the Air Force; a letter of explanation, dated 7 February 2001; a letter, dated 30 January 2001, from the U.S. Total Army Personnel Command; DVA documentation; DA Form 20 (Enlisted Personnel Qualification Record); DD Form 230 (Service Record); service medical records; three newspaper articles; DVA medical records; and a letter, dated
8 July 2003, from a Member of Congress.

4. 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, the DA Form 20, the DD Form 230 and limited service medical records.

5. The applicant's reconstructed records show he enlisted on 5 December 1951. He served as a field artillery chief in Korea from July 1952 to October 1953 and was honorably discharged on 7 December 1954.

6. The applicant's DD Form 214 shows the Korean Service Medal with two bronze service stars, the National Defense Service Medal and the United Nations Service Medal as authorized awards.

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

8. 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.

9. The applicant's name does not appear on the Korean War Casualty Roster.

10. The available medical records show the applicant was evaluated for hearing loss (right ear) in November 1953. However, there is no evidence that this condition was the result of hostile action in Korea.
11. Item 43 (Badges) on the applicant's DA Form 20 shows the entry, "COMB INF." However, there are no orders for the Combat Infantryman Badge in the available records.

12. The available records show the applicant's military occupational specialty (MOS) was 1844 (field artillery chief) and his duty assignment was Battery B, 9th Field Artillery Battalion during his assignment in Korea.

13. There is no evidence the applicant received the first award of the Good Conduct Medal. The available records do not contain any instances of indiscipline, imposition of nonjudicial punishment or lost time. The applicant's
DD Form 230 shows that he received both favorable and unfavorable considerations for award of the Good Conduct Medal in 1954. It also confirms that he received character ratings of excellent to very good and efficiency ratings of excellent to satisfactory, and there is no derogatory information or disciplinary record revealed in the record that would have precluded award of the Good Conduct Medal.

14. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict. This document shows the applicant's unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 to 14 June 1953 by Department of the Army General Orders Number 29-54.

15. Department of the Army Pamphlet 672-1 also shows the applicant's unit was cited for award of the Bravery Gold Medal of Greece for actions during the period of the Korean War by Department of the Army General Orders Number 2-56.

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 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.
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.

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 considered the applicant's contention that he is entitled to award of the Purple Heart because he received a concussion and ruptured eardrum as the result of a North Korean shelling in August 1952. However, 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 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.

2. Notwithstanding the entry on the applicant's DA Form 20 which shows the Combat Infantryman Badge in item 43, there are no orders for the Combat Infantryman Badge in the available records. Evidence of record shows the applicant served in MOS 1844 (field artillery chief) during his assignment in Korea. There is no evidence of record that the applicant served in an infantry MOS, or that he served in active ground combat while an assigned member of an infantry unit in Korea. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3. The Board noted the entry on the applicant's DD Form 230 which indicates that he was not favorably considered for award of the Good Conduct Medal. However, since there are no disqualifying factors in the available records and given his conduct and efficiency ratings are very good or higher, the Board determined that the applicant met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 5 December 1951 through 4 December 1954. Therefore, the applicant's DD Form 214 should be corrected to show this award.

4. The applicant's unit was cited for the Republic of Korea Presidential Unit Citation and the Bravery Gold Medal of Greece while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this awards.

5. 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 5 December 1951 through 4 December 1954.

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, Republic of Korea Presidential Unit Citation and the Bravery Gold Medal of Greece.

3. That so much of the application as pertains to award of the Purple Heart and Combat Infantryman Badge be denied.

BOARD VOTE:

FNE____ MHM____ KAH____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086027
SUFFIX
RECON
DATE BOARDED	20030916
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.