RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 February 2004
         DOCKET NUMBER: AR2003090944


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. John P. Infante		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his records be corrected to show he was awarded the first and second awards of the Good Conduct Medal and award of the Purple Heart with Oak Leaf Cluster to include reconsideration of his earlier request for the Purple Heart due to frostbite.

2. The applicant states that, as time and health permitted, he has tried for several years to have these and other items corrected. He states that he has received correspondence indicating that he is authorized these awards and he has been issued the actual awards. He requests that he be issued a DD Form 215 (Correction to DD Form 214) to show all of his authorized awards.

3. The applicant provides a copy of a DA Form 1577 (Authorization for Issuance of Awards) with a cover letter dated 6 May 1994, a 28 July 1996 letter from the Office of The Surgeon General (OTSG) with an attached 10 January 1951 morning report, a copy of a 10 January 1951 Morning Report with a 28 July 1993 cover letter from the OTSG, and copies of his two discharge documents.

CONSIDERATION OF EVIDENCE:

1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC98-08399 on 30 September 1998. The Board denied his request for award of the Purple Heart for frostbite.

2. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.

3. The applicant’s request for the Good Conduct Medal with clasp was not addressed in the earlier ABCMR review, hence constitutes a new issue warranting Board review.

4. Although the documents submitted by the applicant are all dated prior to the earlier review, it is noted that they were not addressed in the prior review and should, therefore, be considered as evidence found contemporaneous with the 1998 Board decision.

5. Further, the prior review failed to address the fact that there is a notation on his 1951 DD Form 214 showing that he received a combat wound. This constitutes an error in fact warranting a reconsideration of this issue.


6. Information on the applicant’s duty assignments was obtained from letters of record from the applicant. In those letters the applicant indicated that he had served in Korea with the 506^th Post Engineers, 6^th Infantry Division and the 7^th Infantry Division from May 1948 through June 1949. He further indicated that he served in Korea with H Company, 5^th Regimental Combat Team, and the C and A Platoon (Civil Affairs Platoon), of the 24^th Infantry Division from 31 July 1950 through 20 May 1951. He further indicated that he served his entire second enlistment stateside.

7. The staff of the Board has been able to verify only that the applicant served for a period with H Company, 5^th Regimental Combat Team, during his first period of service. There is no documentation to verify other assignments.

8. The applicant’s 18 December 1951 DD Form 214 shows he entered active duty on 19 December 1947. He was discharged as a private first class (PFC), temporary (T) with a date of rank of 1 May 1951. The DD Form 214 shows 4 years, 0 months, and 0 days of creditable service, 1 month and 2 days of other service for pay purposes, and overseas service of 3 years, and 2 months.

9. This DD Form 214 lists his awards as the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, and the Distinguished Unit Emblem (now known as the Presidential Unit Citation). Item 29, (Wounds) shows that he received a combat wound in action against enemy forces on 15 November 1950 at Inchon, Korea.

10. The applicant reenlisted on 11 February 1954, converting from infantryman to military police. He was discharged in the grade of PFC (T), under the provisions of Army Regulation 635-200 with a Separation Program Number (SPN) 201 (Expiration of Term of Service). He had 2 years, 11 months, and 28 days for this period. His awards are listed as the National Defense Service Medal and the Parachutist Badge.

11. A 13 December 1950 morning report shows that the applicant was transferred from duty to the hospital for observation of trench foot on 1 December 1950. The condition was determined to have been in the line of duty. There is no evidence that the applicant was diagnosed as suffering from frostbite.

12. A second morning report, dated 10 January 1951, shows that the applicant transferred from duty to the hospital as ”LWA” on 3 January 1951. This document was reviewed by the OTSG and their 28 July 1993 letter states that he was reported as a battle casualty and sent to the hospital because he was lightly wounded in action (LWA).



13. The applicant’s record contains seven copies of different DA Forms 1577 issued since 1970. The notations on the different forms are contradictory or incomplete. No two forms are consistent as to what his authorized awards are nor is there any indication of the source documents or authority for the awards.

14. The following awards are listed on one or more of the diverse DA Forms 1577: the Purple Heart with Oak Leaf Cluster, the Good Conduct Medal first and/or second award, the National Defense Service Medal, the Korean Service Medal with either three bronze service stars or a silver service star, the United Nations Service Medal, the Army of Occupation of Korea Medal, the Distinguished Unit Emblem (now known as the Presidential Unit Citation), the Republic of the Philippines Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, the Combat Infantryman Badge, and the Parachutist Badge.

15. In the development of this case a search of the health record research project records, commonly referred to as the "SGO Files", was made. These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). Although this information is a valuable substitute for the records lost in the NPRC fire of 1973 it is not all-inclusive. A search of SGO files found two entries for the applicant showing that he had received treatment for dermatophytosis of the foot on 1 December 1950, and the common cold on 12 December 1950.

16. Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 24th Infantry Division was cited for award of the Distinguished Unit Citation, and the Republic of Korea Presidential Unit Citation. During the period that the applicant states he was in Korea, during the Korean War, the pamphlet shows the following campaigns: the UN Offensive, 16 September 1950 through 2 November 1950; the CCF Intervention, 3 November 1950 through 24 January 1951; the First UN Counteroffensive, 25 January 1951 through 21 April 1951; the CCF Spring Offensive, 22 April 1951 through 8 July 1951.

17. Army Pamphlet 672-1 does not show any unit awards, occupation credit, or campaign credit for 506^th Post Engineers, 6^th Infantry Division; the 7^th Infantry Division, or C and A Platoon (Civil Affairs Platoon), 24^th Infantry Division in Korea.

18. Army Regulation 600-8-22, paragraph 2-8, provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

19. While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were, prior to 23 August 1951, a basis for the award. The awards regulation in effect during the Korean War stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.

20. Army Regulation 600-8-22, paragraph 2-10, provides 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 and the present. Only one National Defense Service Medal is awarded for service during a single period.

21. Army Regulation 600-8-22, paragraphs 4-1 through 4-11, 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

22. Army Regulation 600-8-22, paragraph 5-8, 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.

23. Army Regulation 600-8-22, paragraph 5-10 a (8), provides that the Army of Occupation of Korea Medal is awarded for honorable active service in Korea for any period between 3 September 1945 and 29 June 1949, inclusive.




24. Army Regulation 600-8-22, paragraph 6-7, 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. A silver service star is worn in lieu of five bronze service stars.

25. Army Regulation 600-8-22, paragraph 9-12, provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

26. Army Regulation 600-8-22, paragraph 9-24, provides that the Philippine Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive.

DISCUSSION AND CONCLUSIONS:

1. Because the DD Forms 1577 issued to the applicant are inconsistent as to his authorized awards; all of them must be considered suspect.

2. Although the record indicates that the applicant had over three years of overseas service, there are no documents to verify the applicant’s statement that he served in Korea during the period that award of the Army Occupation Medal was authorized.

3. Without the source documents to show what unit the applicant served with and for what period, there is insufficient evidence to correct the applicant’s records to show he was authorized more than the three bronze service stars for wear on his Korean Service Medal currently shown on his 1951 DD Form 214.

4. No source documents are available to determine whether or not the applicant qualified for the Good Conduct Medal during either of his periods of service or if he was disqualified due to unknown reasons.

5. As it is impossible for the Board to make a fair, impartial and equitable determination on the issue of entitlement to the Good Conduct Medal, it must presume that the available records are correct.

6. The only available medical documents from his period of service are the SGO files. These do not show treatment for frostbite. Therefore, award of the Purple Heart for this condition is not warranted.

7. The applicant’s first DD Form 214 shows that he received a combat related wound at Inchon, Korea on 15 November 1950. The record also shows that the applicant was hospitalized for three days with due to wounds received in combat on 3 January 1951. Therefore, as the applicant is shown to have been wounded in combat twice, he is entitled to award of the Purple Heart with one Oak Leaf Cluster for wounds received 15 November 1950 and 3 January 1951.

8. The applicant was not on active duty during the period that the Republic of the Philippines Presidential Unit Citation Badge was authorized.

9. Therefore, it is in the interest of justice to correct his records to show his authorized awards as the Purple Heart with Oak Leaf Cluster, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, the Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.

10. 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 heroic 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.

11. 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 provided. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214.

BOARD VOTE:

_ FNE___ __JPI __ __ KAH GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AC98-08399 of 30 September 1998. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual concerned the Purple Heart with Oak Leaf Cluster.

2. The Board further determined that a correction to the applicant’s 18 December 1951 DD Form 214 should be made to show the applicant’s authorized awards are the Purple Heart with Oak Leaf Cluster, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, and the Combat Infantryman Badge.

3. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the first and/or second award of the Good Conduct Medal, the Korean Service Medal with a silver service star, the Army of Occupation of Korea Medal, and the Republic of the Philippines Presidential Unit Citation.




                  _ Fred N. Eichorn___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090944
SUFFIX
RECON
DATE BOARDED	20040205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.	107
2.
3.
4.
5.
6.