RECORD OF PROCEEDINGS


      IN THE CASE OF:
      BOARD DATE:          29 September 2005
      DOCKET NUMBER:  AR20050002392


      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:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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, the son of a deceased former service member (FSM)
requests correction of his father’s records to show award of the Purple
Heart for “an injury that occurred in action during the Korean Conflict.”
In addition, the applicant states the FSM also served in World War II, as
an infantryman, and was awarded his first Combat Infantryman Badge.  As
such, the applicant requests that the FSM’s records be corrected to show
award of the Bronze Star Medal, based on award of the Combat Infantryman
Badge in World War II.

2.  The applicant, through a letter to a Member of Congress, states that he
has been “on a quest” to correct the FSM’s records.  His appeals to the
Human Resources Command Military Awards Branch to have the records
corrected have been denied twice by that office.  He now requests review of
his appeal by the Army Board for Correction of Military Records (ABCMR).
He states that most of the FSM’s records were destroyed in the fire at the
National Personnel Records Center in 1973; but, feels that the evidence he
provides is sufficient to support his request.

3.  The applicant provides copies of: two WD AGO Forms 0365-1 (Battle
Casualty Report) dated 16 and 19 January 1951, respectively; Section 5
(Service Outside Continental United States) of the FSM’s DA Form 24
(Service Record); Section 4 (Chronological Record of Military Service) of
the FSM’s DA Form 24; DD Form 1300 (Report of Death); and, a self-authored
personal letter.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s military personnel and medical records are remarkably
complete, to include numerous pay records.  The records show he was
inducted on 31 October 1942 and entered on active duty 2 weeks later, on 14
November 1942.  He completed Cook and Baker training at Fort Jackson, South
Carolina in that same year.  With the exception of a nearly 10 month
period, from 1 December 1946 to 25 September 1947, the FSM remained on
active duty until 31 December 1963, when he was honorably separated in pay
grade E-6 and placed on the retired list the following day.  Throughout his
career, the FSM served in a variety of assignments and locations, primarily
in Military Occupational Specialties 060 (Cook), 824 (Mess Sergeant), and
941.60 (Mess Steward).

2.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the FSM’s final DD Form 214
(Armed Forces of the United Sates Report of Transfer or Discharge), dated
31 December 1963, contains the entry “None.”  Army Regulation 635-5
(Separation Documents), in effect at the time, provided that only awards
and decorations authorized during the period covered by the DD Form 214
would be entered in this portion of the DD Form 214.

3.  A WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable
Discharge), dated 3 November 1945, shows the applicant received the
European-African-Middle Eastern Campaign Medal and the Good Conduct Medal.
The FSM’s AGO Form 24 for that period shows that the Good Conduct Medal
covered the period 4 May 1943 to 9 September 1944.  No other awards or
decorations are shown on this form.

4.  A DD Form 214, dated 11 March 1962 and amended by a DD Form 215
(Correction to DD Form 214, Certificate of Release or Discharge from Active
Duty), dated 17 February 1964, shows the FSM received the following awards:
the Good Conduct Medal (Second Award); the Sharpshooter Marksmanship Badge
with Carbine Bar; the Combat Infantryman Badge; the Korean Service Medal
with 3 bronze service stars; and, the National Defense Service Medal.  No
other awards or decorations are listed on this separation document, or in
any other separation documents.  In addition, no other awards or
decorations are listed anywhere in the FSM’s military personnel records
which, as previously mentioned above, are quite complete.

5.  Headquarters, 319th Station Hospital General Orders Number 13, dated
30 December 1955, announced award of the Good Conduct Medal (First Award)
to the FSM for the period 10 March 1950 to 9 March 1953.  (Since the FSM
had previously received the one award in 1944, this should have been cited
as the second award of the Good Conduct Medal.)

6.  Headquarters, 22d Artillery Group General Orders Number 31, dated
24 November 1959, announced award of the Good Conduct Medal (Second Award)
for the period 25 November 1956 to 24 November 1959.  (Since the FSM had
previously received two awards, this should have been cited as the third
award of the Good Conduct Medal.)

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the World War II Victory Medal.  It is awarded for service
between 7 December 1941 and 31 December 1946, both dates inclusive.

8.  Item 37 (Total Length of Service) of the FSM’s WD AGO Form 53-55, dated
3 November 1945, shows that he served in the continental United States for
a total of 1 year and 8 days.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service includes permanent assignment outside the continental
United States, duty as a crewmember aboard a vessel sailing ocean waters
for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

10.  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.  The regulation also provides
that a service star will be worn on the service ribbon by U.S. Army
personnel to signify receipt of a second or subsequent award of the
National Defense Service Medal

11.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The Combat Infantryman
Badge was awarded for exemplary conduct in action against the enemy.  War
Department Circular 186-1944 further provided that the Combat Infantryman
Badge was to be awarded only to infantrymen serving with infantry units of
brigade, regimental or smaller size.  The Soldier must have been personally
present and under fire.  Additionally, World War II holders of the Combat
Infantryman Badge received a monthly pay supplement known as combat
infantry pay and holders of the Expert Infantryman Badge were entitled to
expert infantry pay.  Therefore, Soldiers had economic as well as
intangible reasons to ensure that their records were correct. Thus, pay
records are frequently the best available source to verify entitlement to
this award.  The Awards Branch, Total Army Personnel Command, has advised
in similar cases that, during World War II, the Combat Infantryman Badge
was normally awarded only to enlisted individuals who served in the
following positions: Light Machine Gunner (604); Heavy Machine Gunner
(605); Platoon Sergeant (651); Squad Leader (653); Rifleman (745);
Automatic Rifleman (746); Heavy Weapons NCO (812); and, Gun Crewman (864).

12.  WD AGO Form 8-24, dated 2 February 1951, indicates that the FSM
incurred multiple contusions to the scalp, occipital region, and thoracic
region when he was “struck on the head and chest by an unknown object and
person in the company area, in Korea, on 10 December 1950.”  A subsequent
WD AGO Form 8-24, dated 31 May 1951, further indicates that this incident
occurred when the FSM “stepped thru a door to get supplies.”

13. Hospital admission cards of the Office of The Surgeon General, commonly
referred to as the "SGO Files,” show that the FSM was injured in Korea on
10 December.  The cause of injury is listed as “Assault or intentional
injury inflicted by another person.

14.  In a memorandum prepared by The Adjutant General’s Office (TAGO),
dated 21 July 1953, a determination was made that the casualty reports,
regarding the FSM’s injuries of 10 December 1950, were to be changed from
“battle” to “non-battle.”  The memorandum further directed that “In the
event that a Purple Heart has been awarded the above named individual based
on original report of casualty for the date indicated, said award of the
Purple Heart is hereby rescinded.”

15.  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.

16.  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.

17.  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 the FSM’s DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the FSM received a total of three awards of
the Good Conduct Medal.  The first award, for the period 4 May 1943 to 9
September 1944; the second, for the period 10 March 1950 to 9 March 1953;
and, the third, for the period 25 November 1956 to 24 November 1959.
Therefore, he is entitled to correction of his DD Form 214, dated 11 March
1962, to show award of the Good Conduct Medal (3d Award).

2.  Evidence of record shows the FSM served on active duty between
7 December 1941 and 31 December 1946.  Therefore, he is entitled to the
World War II Victory Medal, and correction of his records to show this
service medal.

3.  Evidence of record shows the FSM served over one year in the American
Theater between 7 December 1941 and 2 March 1946.  Therefore, he is
entitled to the American Campaign Medal, and correction of his records to
show this campaign medal.

4.  Evidence of record shows the FSM served honorably during the periods
27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August
1974. Therefore, he is entitled to a second award of the National Defense
Service Medal, and correction of records to show a second award of this
service medal.

5.  There is no evidence that the FSM was awarded the Combat Infantryman
Badge or that he ever served in an infantry Military Occupational
Specialty, in an infantry unit of brigade, regimental, or smaller size,
while that unit was engaged in actual ground combat during World War II.
In addition, there is no evidence that the FSM ever received, or was
entitled to, combat infantry pay.  Therefore, he is not entitled to award
of the Combat Infantryman Badge for service in World War II, or correction
of his records to show this combat badge.

6.  Since the FSM is not entitled to the Combat Infantryman Badge for
service in World War II, he is not entitled to Bronze Star Medal (as a
result of award of the Combat Infantryman Badge), or correction of his
records to show this decoration.

7.  The applicant is basing his request for award of the Purple Heart to
the FSM on the two battle casualty reports, dated 16 and 19 January 1951,
in which the
“Type of Casualty” is listed as “slightly injured in action.”  While it is
understandable that such a report would cause one to believe that the
injuries incurred by the FSM were combat-related, the WD AGO Form 8-24,
dated 2 February 1951 and the SGO file entry clearly show that the injuries
were not caused as a result of enemy action.

8.  In addition, the TAGO memorandum, dated 21 July 1953 specifically
directed that the battle casualty reports be changed to non-battle.

9.  In view of the above, the FSM is not entitled to award of the Purple
Heart, or correction of his records to show this decoration.

10.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___le ___  ___pms__  ___lgh__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of:

      a. the Good Conduct Medal (3d Award);

      b. the World War II Victory Medal;

      c. the American Campaign Medal; and,

      d. one bronze service star, to be affixed to the National Defense
Service Medal.




            __________Lester Echols________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002392                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]