PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 October 2003
         DOCKET NUMBER: AR2003088793


         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
Mr. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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, that the records of her late husband, a former service member (FSM), be corrected to reflect all authorized awards and decorations, especially the Purple Heart (PH) and the Parachutist Badge.

3. The applicant states, in effect, that the FSM’s records were destroyed and that the awards and decorations described in paragraph 2 above were never received by the FSM or his next of kin. In support of her request, the applicant has submitted a notarized affidavit from a member of the FSM’s unit attesting to the FSM’s service during the Korean War.

4. The affidavit states that the FSM joined the 187th Airborne Regimental Combat Team in early 1951, having been assigned as a replacement from the 82d Airborne Division at Fort Bragg, North Carolina. It further states that the FSM participated the combat jump made by the 187th at Munsan-ni, Korea, on 23 March 1951 and that he was mortally wounded near Inje, Korea, on 25 May 1951.

5. The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and consist primarily of National Personnel Records Center letter, dated 7 March 2003, two National Archives and Records Administration Forms NA 13038, both dated 5 March 2003, and copies of information derived from the hospital admission cards of the Office of The Surgeon General, commonly referred to as the "SGO Files.”

6. The available records show that the FSM enlisted in the Army on 19 March 1946. He was honorably discharged on 18 March 1949 and immediately reenlisted on 19 March 1949. During the Korean War the FSM was assigned to an Engineer Company in the 187th Airborne Regimental Combat Team as a Sergeant First Class. He died as a result of wounds sustained while engaged in combat against a hostile enemy in Korea on 25 May 1951. The records show that he was awarded the following decorations: the National Defense Service Medal; the Korean Service Medal; and, the United Nations Service Medal.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed 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.

8. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Paragraph 8-10g states that a bronze service star is authorized to be worn on the parachutist badge to denote a soldier’s participation in a combat parachute jump. The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the soldier is assigned at the time of the assault. The regulation specifically requires that the unit must be credited with a combat assault in order for the soldiers to receive the parachutist badge with the bronze service star affixed and that each soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the soldier to receive credit for a combat assault and the soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.

10. Department of the Army Pamphlet 672-1 establishes eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korean War. The pamphlet indicates that the unit to which the FSM was assigned, Engineer Company, 187th Airborne Regimental Combat Team, did not receive combat assault participation credit for the airborne combat parachute jump at Munsan-ni, Korea, on 23 March 1951. The staff of the Board verified the information in phone conversations with staff members of the US Army Center for Military History and the Awards Branch, US Army Human Resources Command.

11. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12. The available service personnel record shows that the FSM is entitled to award of the Korean Service Medal, but does not show campaign credit for the periods the applicant served in Korea. 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. The appendix shows that the applicant is entitled to wear one bronze service star for each the following campaigns: Korean First UN Counteroffensive, 25 January to 21 April 1951, and CCF Spring Offensive, 22 April to 8 July 1951.

13. 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.

14. 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 or their next of kin 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. Evidence of record shows that the FSM died as a result of wounds incurred while engaged in combat against a hostile force. Therefore, he is entitled to award of the Purple Heart.

2. Evidence of record shows that the FSM was assigned to multiple airborne units. Therefore, it is evident to the Board that he was qualified as an Army parachutist and is entitled to award of the Parachutist Badge.

3. There is no evidence that the unit to which the FSM was assigned, Engineer Company, 187th Airborne Regimental Combat Team, received assault landing credit. Therefore, the Board determined he is not entitled to affix a bronze service star to his Parachutist Badge nor is he entitled to wear a bronze arrowhead on his Korean Service Medal.

4. The FSM is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 19 March 1946 to 18 March 1949.

5. In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

1. Because there are no Department of the Army records related to this case to be corrected, it is recommended that an appropriate memorandum and any necessary orders be prepared, showing that the individual concerned was awarded:

a. the Purple Heart as a result of wounds sustained in combat, in Korea on 25 May 1951;

         b. the Parachutist Badge;

c. the first award of the Good Conduct Medal. for the period 19 March 1946 to 18 March 1949; and

d. two bronze service stars, to be affixed to the Korean Service Medal

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___jhl___ ____aao_ ____mkp_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Joann H. Langston______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088793
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031023
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.