RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2007
      DOCKET NUMBER:  AR20060014522


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. David Tucker                  |     |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 Report of Transfer of Discharge (DD
Form 214) be corrected to show that he was awarded the Purple Heart and the
Combat Infantryman Badge.

2.  The applicant states that he was awarded the Purple Heart and the
Combat Infantryman Badge and neither of the two is reflected on his DD Form
214.

3.  The applicant provides in support of his application, a copy of his DD
Form 214; a copy of his Honorable Discharge Certificate; a copy of his
Physical Evaluation Board Proceedings; and a copy of his Department of
Veterans Affairs Rating Decision dated 20 March 2001.

CONSIDERATION OF EVIDENCE:

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

2.  On 4 January 1949, the applicant enlisted in the Army at Camp Chaffee,
Arkansas, for 3 years, in the pay grade of E-1.  He successfully completed
his training as a light weapons infantryman.

3.  Hospital Admission Cards created by the Office of The Surgeon General
indicate that the applicant was in Korea on 28 November 1950, when he was
diagnosed with a compound fracture of the femur shaft, comminuted, with no
nerve or artery involvement.  He was also diagnosed with illeus, paralytic,
which was as a result of being struck by a bullet from a machine gun.  His
injuries required a skin graft and splint.  Hospital Admission Cards also
show that his injury was the direct result of action against or by an
organized enemy and that he was hospitalized for approximately 299 days.

4.  On 25 September 1951, a Physical Evaluation Board (PEB) convened to
determine fitness for retention in the Army.  The PEB diagnosed the
applicant with malunion of fracture, intertrochanteric, femur, right,
manifested by one inch shortening.  The PEB proceedings confirm that the
applicant injury was due to an instrumentality of war in the line of duty.
The PEB found the applicant physically unfit to perform the duties of his
office, rank or grade by reason of physical disability.  The PEB
recommended that the applicant be separated from the service with a
combined service connected rating of 10 percent.

5.  Accordingly, on 31 October 1951, the applicant was honorably
discharged, with severance pay, due to physical disability.

6.  The DD Form 214 that he was furnished at the time of his discharge
indicates that he was wounded as a result of action with enemy forces on 28
November 1950.  His DD Form 214 also shows that he was assigned to Company
B, 38th Infantry Regiment, 2nd Infantry Division while he was in Korea and
that he was awarded the Korean Service Medal.  However, his DD Form 214
fails to show that he was awarded the Purple Heart and the Combat
Infantryman Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound/injury sustained while in
action against an enemy or as a result of hostile action.  Substantiating
evidence must be provided to verify that the wound/injury was the result of
hostile action, the wound/injury must have required treatment, and the
medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning awards.  Paragraph 8-6 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 specialty, satisfactorily performed duty
while assigned or attached as a member of an infantry unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry primary duty, in a unit
actively engaged in ground combat with the enemy.

9.  Army Regulation 672-5-1 (Military Awards) 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,inclusive.  This regulation also provides that to signify a
second award of the National Defense Service Medal a bronze service star
will be worn on the service ribbon.

10.  Army Regulation 600-8-22 also 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.

11.  Department of the Army Pamphlet 672-1 (Unit citation and Campaign
Participation Credit Register), dated 6 July 1961, shows that the applicant
was assigned to a unit which was awarded the Republic of Korea Presidential
Unit citation by Department of the Army General Order Number 41-55.

12.  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.  The Department of Defense approved acceptance and wear of the
Republic of Korea Korean War Service Medal.  To qualify for award of the
Republic of Korea Korean War Service Medal, the veteran must have served
between 25 June 1950 and 27 July 1953 and been on permanent assignment for
30 consecutive days, or on temporary duty for 60 non-consecutive days,
within the territorial limits of Korea, in the waters immediately adjacent
thereto, or in aerial flight over Korea participating in actual combat
operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The available records substantiate the applicant's contentions that he
was awarded the Purple Heart and the Combat Infantryman Badge.

2.  The evidence of record shows that he was wounded as a result of hostile
action by enemy forces and he was an infantryman assigned to an infantry
regiment while he was in Korea.  Therefore, it is reasonable to presume
that he was, in fact, awarded the Purple Heart and the Combat Infantryman
Badge and that, due to know fault of his own, his decorations were not
included on his DD Form 214.  It would now be appropriate to include his
decoration on his DD Form 214.

3.  The available records also indicate that the applicant is entitled to
awards of the National Defense Service Medal, the United Nations Service
Medal, the Republic of Korea Korean War Service Medal and the Republic of
Korea Presidential Unit Citation.



4.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.

BOARD VOTE:

___JR___  __RW___  __DT ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by

      a)  amending his DD Form 214 to show that he was awarded the Purple
Heart and the Combat Infantryman Badge; and


      b) awarding him the National Defense Service Medal, the United Nations
Service Medal, the Republic of Korea Korean War Service Medal and the
Republic of Korea Presidential Unit Citation and amending his DD Form 214
accordingly.




                                  ____  Jeffrey Redmann________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014522                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070524                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  115                 |107.0069/NDSM                           |
|4.  131                 |107.0085/UNSM                           |
|5.  138                 |107.0092/ROKPUC                         |
|6.  157                 |107.0111/CIB                            |


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