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ARMY | BCMR | CY2005 | 20050001372C070206
Original file (20050001372C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050001372


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry Olson                   |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show that he
participated in a combat assault jump on 20 October 1950 and that he was
injured during the jump.

2.  The applicant states he made a combat jump in Korea on 20 October 1950
but was never given credit for the jump.  He states he was also injured at
that time.  He notes that his application for disability from the
Department of Veterans Affairs was denied because there was no record of
the jump or injury.

3.  The applicant provides affidavits from three individuals who support
his application and his participation in a combat assault jump on 20
October 1950.  He also provides copies of unit morning reports from Company
A, 127th Airborne Engineer Battalion, dated in September, October, and
November 1950, one dated 17 January 1951 and one dated 25 February 1951.
He also submits a copy of unit morning reports from the Engineer Company,
187th Airborne Regimental Combat Team (RCT) dated 9 March and 23 March
1951.  He submits a copy of the orders awarding him the Purple Heart for
wounds sustained on 18 November 1950.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

2.  The applicant's separation document indicates that he served on active
duty from 15 September 1948 until 3 July 1953.  During that period he
served overseas for approximately 27 months where he was awarded, among
other things, the Combat Infantryman Badge and the Korean Service Medal.
According to his separation document he was wounded in action on 16 October
1951 and orders provided by the applicant indicate he was also wounded in
action on 18 November 1950.

3.  The 20 October 1950 unit morning report from Company A, 127th Airborne
Engineer Battalion indicates that the company parachuted from planes in the
vicinity of Sukchon, Korea at 1225 hours and then "assembled & established
Engr [Engineer] dump Platoons atchd [attached] to Inf Bns [infantry
battalions] set up in vicinity of Regt'l [regimental] CP [command post]."

4.  A 21 October 1950 unit morning report from Company A noted the command
post moved from Hill 97 to the city of Sukchon, Korea and that the platoons
were still attached to the 1st, 2nd, and 3rd battalions of the 187th RCT.

5.  On 19 February 1951 orders were issued redesignating Company A, 127th
Airborne Engineer Battalion as the Engineer Company, 187th Airborne RCT
effective 26 February 1951.

6.  A 23 March 1951 unit morning report from the Engineer Company, 187th
Airborne RCT notes the unit made a combat parachute jump in the vicinity of
Munsen-ni, Korea at 0915 hours that day.

7.  The affidavits submitted in support of the applicant's request all
indicate that the applicant participated in a combat parachute assault on
20 October 1950.  None of the statements, however, indicate the applicant
was injured during the jump.  One statement does indicate the applicant was
later injured in a training jump, while a second statement indicates that
after the 20 October 1950 jump the applicant was later wounded and removed
from jump status.

8.  Department of the Army General Orders Number 80, dated 22 November
1954, show that assault landing credit for Sunchon-Sukchon, Korea on
20 October 1950 was awarded to the Antiaircraft Artillery (AAA) Battery,
the Medical Ambulance Detachment, the Medical Clearing Platoon, the
Military Police Traffic Platoon, and the Quartermaster Parachute
Maintenance Detachment, all of the 187th Airborne RCT; as well as the 674th
Airborne Field Artillery Battalion and the 187th Airborne Infantry
Regiment.

9.  These orders also show that assault landing credit for Munsan-ni, Korea
on 23 March 1951 was awarded to those same units, in addition to the 2d
Ranger Infantry Company (Airborne); the 4th Ranger Infantry Company
(Airborne).

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II and the Korean War.  This document shows that neither
Company A, 127th Airborne Engineer Battalion, nor the Engineer Battalion,
187th Airborne RCT received assault landing credit on 20 October 1950 and
the Engineer Battalion, 187th Airborne RCT did not receive assault landing
credit on 23 March 1951.
11.  Records at the Center for Military History show that Company A, 127th
Airborne Engineer Battalion was redesignated as the Engineer Company, 187th
Airborne RCT on 26 February 1951.  A copy of order provided by the
applicant with his application confirmed this redsignation.  The Center for
Military History confirmed that the unit did not receive assault landing
credit.

12.  Paragraph 8-10 of Army Regulation 600-8-22 (Military Awards) states,
in pertinent part, 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.

13.  Paragraph 7-25 of Army Regulation 600-8-22 states, in pertinent part,
that assault landing credit (award of the bronze arrowhead) may be made to
units of the Army who, in the combat zone of a battle, campaign, or
expedition as established by Joint Chiefs of Staff or the Department of the
Army, accomplishes one of the following types of assault operations:  (1)
makes a parachute jump into enemy-held territory as a part of an organized
force carrying out an assigned tactical mission; (2) participation in the
assault waves of an amphibious landing on enemy-held territory; or (3)
makes a helicopter assault landing into enemy-held territory as a part of
an organizational force carrying out an assigned tactical mission.  The
assault operation will be of such scope as to warrant Department of the
Army designation as a battle or campaign and be of such magnitude as to
include tactical elements of at least one other Service.  The forces
committed should be spearheading a major assault into enemy controlled
territory.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.






DISCUSSION AND CONCLUSIONS:

1.  Department of the Army Pamphlet 672-1, records at the Center for
Military History, and Department of the Army General Orders Number 80, show
that neither Company A, 127th Airborne Engineer Battalion nor the Engineer
Company, 187th Airborne RCT received assault landing credit.

2.  Although the morning report, dated 20 October 1950, provided by the
applicant shows a parachute jump was made by Company A, 127th Airborne
Engineer Battalion that day, there is no evidence to show the Department of
the Army awarded assault landing credit to that unit.  Therefore, there is
no basis for granting the applicant's request.  It is possible that the
decision was made that the parachute jump did not meet the requirement of a
force committed to spearheading a major assault into enemy controlled
territory.

3.  It is not entirely clear if the applicant is asking that he be awarded
a Purple Heart for injuries he states were sustained by him at the time of
the 20 October 1950 parachute jump.  However, if that is his goal, there is
no medical evidence which supports a conclusion that he was injured as a
result of hostile action that day.  In fact, two of the statements
submitted in support of his request indicate he was injured later and one
of the statements notes that he was injured during a training jump.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  Unfortunately, the applicant has failed to submit
evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WP___  ___JM___  ___LO __  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _____ William Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001372                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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