RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070007167 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Mr. Hubert O. Fry Jr.

Chairperson

Mr. William Blakely

Member

Mr. Michael J. Flynn

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 reconsideration of his request for award of the Purple Heart.  As a new issue, he requests award of the Combat Medical Badge.

2.  The applicant states, in effect, after basic training he was shipped to Osaka, Japan to become a combat medic.  He was transferred to Korea and assigned to the 25th Division Artillery.  After a few months, he was reassigned to the 8th Field Artillery medical aid station as a combat medic.

3.  The applicant continues that in June he was wounded by shrapnel from enemy mortar fire to his face and neck.  He did not seek medical assistance during the engagement due to him providing aid to a fellow Solder.  At that time, his unit was short of medics, but the incident was reported to his headquarters.  He further states "After about a month or so – 3 of us medics got award[ed] with the Purple Hart (sic) by an (sic) warran[t] office[r]."

4.  The applicant provided his DD Form 214 (Report of Separation from the Armed Forces of the United States) with the period ending 28 May 1953.

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 AR1999032176, on 29 June 2000.

2.  The applicant was inducted and entered the Army on 29 August 1951 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 1666 (Medical Aidman).

3.  The applicant arrived in Korea and was assigned to the Medical Detachment, 25th Division Artillery on or about 18 March 1952.  He departed Korea on or about 22 March 1953.

4.  A Standard Form 88 (Report of Medical Examination), dated 26 May 1953, shows that the applicant was qualified for separation and lists no abnormalities.  

5.  The applicant was honorably released from active duty on 28 May 1953 and transferred to the United States Army Reserve (USAR).  

6.  The applicant's DD Form 214 with the period ending 28 May 1953 shows he was awarded the Korean Service Medal with 2 bronze service stars and the United Nations Service Medal.

7.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Korea.  The applicant's name is not listed on the Korean Casualty Roster.  

8.  There are no orders in the applicant's service personnel records awarding him the Combat Medical Badge.

9.  The applicant's Army Medical Treatment Records are unavailable.

10.  A DD Form 215, dated 7 August 2000, was issued to the applicant which amended item 24 of his DD Form 214 by adding the Army Good Conduct Medal and the National Defense Service Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound 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 military medical personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 states, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

13.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  

	(1)  while on permanent assignment;

	(2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence that shows he was wounded or treated for wounds as a result of hostile action.  To the contrary, the Standard Form 88 prepared prior to his separation lists no abnormalities.  Regrettably, there is insufficient basis for award of the Purple Heart.

2.  Evidence of record shows that the applicant was assigned to the Medical Detachment, 25th Division Artillery and his principal duty while in Korea was a medical aidman.  The applicant contends that because he was placed in combat situations he should receive the Combat Medical Badge.  However, the three criteria for award of the Combat Medical Badge is to perform medical duties, hold a medical specialty, and be assigned to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Records show that the applicant was assigned to the Medical Detachment, 25th Division Artillery which regrettably makes him ineligible for award of the Combat Medical Badge. 

3.  The applicant met the eligibility criteria for award of the Republic of Korea War Service Medal.  This award should be added to his DD Form 214.

4.  Evidence shows that the applicant’s records contain an 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 3 of the BOARD DETERMINATION/RECOMMENDATION section below.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__HOF __  __WB  __  __MJF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  As regards the applicant's request for award of the Combat Medical Badge, 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.  As regards the applicant's request for reconsideration of his request for award of the Purple Heart, 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 to amend the decision of the ABCMR set forth in Docket Number AR1999032176, dated 29 June 2000.

3.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of Korea War Service Medal.




____ Mr. Hubert O. Fry Jr.__
          CHAIRPERSON




INDEX

CASE ID
AR20070007167
SUFFIX

RECON
20 JUNE 2000
DATE BOARDED
23 OCTOBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.