PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2003
         DOCKET NUMBER: AR2003086943


         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.

---

2. The applicant requests correction of his military records to show award of the Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with one bronze service star, the Combat Infantryman Badge, and the United Nations Service Medal.

3. The applicant states that he should be awarded the Purple Heart for injuries received at the "Punchbowl" in South Korea in November/December 1952. He contends that he sustained a gunshot wound to his left calf, that he was evacuated to Japan and later transferred to the United States where he was discharged. In support of his application, he submits a letter, dated 27 November 2001, from the Army Board for Correction of Military Records; an addendum to DA Form 1577, dated 14 June 2001; a DD Form 214 (Report of Separation from the Armed Forces of the United States); an Honorable Discharge from the U.S. Army Reserve (USAR), dated 20 February 1957; and a DA Form 493 (Separation Qualification Record).

4. The applicant also provided a copy of a DA Form 1577, dated 14 June 2001, which shows the National Personnel Records Center determined that he was eligible for award of the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with one bronze service star, the Combat Infantryman Badge, and the United Nations Service Medal. The Board notes that Code 10 (Bronze Star Medal) is circled in item 4 (Code Numbers for Awards) on this form; however, this award code is not shown in item 5 (Award Code).

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, a DA Form 493 and limited Army National Guard and USAR records.

6. The applicant's reconstructed records show the applicant enlisted in the New Mexico National Guard on 24 September 1947 and was honorably discharged on 15 April 1948. He was inducted in the Army of the United States on 5 April 1951, served in Korea and was honorably discharged on 3 April 1953 in the rank of private first class and transferred to the USAR. The applicant was honorably discharged from the USAR (Ready Reserve) on 20 February 1957.

7. The applicant's DD Form 214 shows the Korean Service Medal with one bronze service star, the United Nations Service Medal and one Overseas Service Bar as authorized awards. Therefore, the applicant's request for the Korean Service Medal with one bronze service star and the United Nations Service Medal 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 wounded or treated for wounds as a result of hostile action in Korea.

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

11. There are no medical records available to the Board.

12. There are no orders for the Bronze Star Medal in the available records.

13. There are no orders for the Good Conduct Medal in the available records. The applicant's DD Form 214 shows he had 1 day of lost time.

14. The applicant's DD Form 214 shows his military occupational specialty (MOS) was 1745 (infantry) and his most significant duty assignment was Company K, 179th Infantry during his assignment in Korea.

15. 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.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

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.

19. 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.

20. 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.

21. 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 should be awarded the Purple Heart for a gunshot wound to his left calf received at the "Punchbowl" in South Korea in November/December 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 DA Form 1577 which shows the code number circled for the Bronze Star Medal, there are no orders for the Bronze Star Medal in the available records. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

3. Notwithstanding the entry on the DA Form 1577, there are no orders for the Good Conduct Medal in the available records. In the absence of complete records, the Board determined that there is insufficient evidence on which to base award of the Good Conduct Medal in this case.

4. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.

5. The applicant's DD Form 214 shows he served in an infantry MOS in an infantry company in combat in Korea. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this badge.

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 all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the National Defense Service Medal and the Combat Infantryman Badge.

2. That so much of the application as pertains to the Purple Heart, the Bronze Star Medal and the Good Conduct Medal be denied.

BOARD VOTE:

AAO____ TBR____ MMB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003086943
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.