PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2003
         DOCKET NUMBER: AR2003086127


         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 service-connected compensation. He also requests award of the Purple Heart, the "Naval Citation Ribbon" (correctly known as the Navy Unit Commendation), two "battle stars" (correctly known as bronze service stars), and all awards and decorations to which he may be entitled.

3. The applicant’s request for service-connected compensation is a matter within the purview of the Department of the Veterans Affairs. As such, the Army Board for Correction of Military Records does not have jurisdiction over this matter; therefore, this request will not be discussed further in these Proceedings.

4. The applicant states, in effect, that he was wounded and sent to a field hospital in May 1952. He also contends that he was later hit by enemy sniper fire in the shoulder, face and leg. He further states that he was struck/injured a third time and experienced severe dizziness and was sent to a Naval hospital. In support of his application, he submits a letter of explanation, dated 16 January 2003, and a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 limited medical records.

6. The applicant's reconstructed records show the applicant was inducted on
6 April 1951. He served as a tractor-scraper operator in Korea assigned to Headquarters Company, 185th Engineer Combat Battalion. He was honorably discharged on 24 January 1953 in the rank of sergeant after completing 1 year,
9 months and 19 days of creditable active service with no lost time.

7. The applicant's DD Form 214 shows the Korean Service Medal with two bronze service stars and the United Nations Service Medal as authorized awards. Therefore, the applicant's request for award of two "battle stars" will not be discussed further in these Proceedings.

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

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

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





11. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 14 February 1952 in Korea for vertigo (dizziness) and headache.

12. The applicant's inclusive dates of service in Korea are not available. However, his medical records show that he was in Korea during the period
14 February 1952 to 29 October 1952.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was cited for the Navy Unit Commendation for actions during the period 11 August 1952 to 5 May 1953 by Department of the Army General Orders Number 38-57, dated 1957.

14. Department of the Army Pamphlet 672-3 also shows the applicant's unit received the Republic of Korea Presidential Unit Citation for actions during the period 1 January 1951 to 30 April 1954 by Department of the Army General Orders Number 82-54, dated 1954.

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.

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 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.

18. 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.






CONCLUSIONS:

1. The Board considered the applicant's contention that he was wounded three times as a result of hostile action in Korea. However, there is no evidence of record, and the applicant has provided no evidence, to support this contention.

2. Medical evidence of record shows the applicant was hospitalized on
14 February 1952 in Korea for vertigo and headache. There is no evidence of record which shows 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.

3. Evidence of record shows the applicant's unit received the Navy Unit Commendation and the Republic of Korea Presidential Unit Citation. Therefore, the applicant's DD Form 214 should be corrected to show these unit awards.

4. Considering the applicant attained the rank of sergeant in less than two years, the Board concludes the applicant met eligibility criteria for the first award of the Good Conduct Medal for the period 6 April 1951 through 24 January 1953 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. The applicant is entitled to award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.

6. 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 Army Good Conduct Medal for the period
6 April 1951 through 24 January 1953.

2. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Navy Unit Commendation, the Republic of Korea Presidential Unit Citation, the Good Conduct Medal, and the National Defense Service Medal.







3. That so much of the application as pertains to award of the Purple Heart 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	AR2003086127
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.