IN THE CASE OF:	

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080010078 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for award of the Purple Heart and the Combat Infantryman Badge (CIB).  As new issues, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of separation as 26 October 1969; to add the Noncommissioned Officer (NCO) Academy and Forward Observer Long Range Reconnaissance schools; and to show his rank as Sergeant (P) (i.e., Permanent).

2.  The applicant states that he realizes he is entitled to the Korea Defense Service Medal, but he did not request it.  He does not need a “handout” of some medal anyone could receive just for showing up.  He wants to be recognized for the awards he actually earned.  His medical records show that he had NO (emphasis in the original) bullet wounds when he went in (the Army) and TWO (emphasis in the original) bullet wounds when he got out.  In addition, he has provided a statement from a medic who treated him.  He was in a combat area and drew combat pay.  

3.  The applicant states that his records would likely have been much more complete if their company clerk had not been an alcoholic and a drug addict.  The applicant states he was awarded the Purple Heart and the CIB in a ceremony in Korea.  They were simply never put on his DA Form 20 (Enlisted Qualification Record) by that company clerk.  If the Board has access to the 

records of the 3d Battalion, 32d Infantry, 7th Infantry Division, or the 3d Battalion, 32d Infantry attached to the 2d Division, those awards would be found at brigade or division level.  

4.  The applicant states that his DD Form 214 was corrected to show his separation date as 12 October 1969.  That is not correct.  His DA Form 20 shows his foreign service ended on 26 October 1969.  His exit physical examination was done after that.  He completed the NCO Academy school and the Forward Observer Long Range Reconnaissance school, but neither of them show on his DD Form 214.  His rank should have been Sergeant (P) as he completed the requirements.

5.  The applicant provides the first page of his induction Standard Form (SF) 88 (Report of Medical Examination); the first page of his separation SF 88; an email from a former medic, dated 4 March 2008, with an attached notary public certification; a DA Form 137 (Installation Clearance Record); and a letter, dated  9 March 2006, from the National Archives and Records Administration.

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 AR20040000056 on 3 March 2005.

2.  In regard to his request for award of the Purple Heart and the CIB, the applicant provided new evidence that will be considered by the Board.

3.  The applicant was inducted into the Army of the United States on 2 November 1967.  The first page of his induction SF 88 does not indicate he had any scars.

4.  The applicant completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman.  He was promoted to the temporary rank of Sergeant, E-5, on       16 July 1968.  

5.  Item 31 (Foreign Service) of the applicant’s DA Form 20 shows he departed    the States for Korea on 17 October 1968 with an anticipated through date (listed in pencil) of 26 October 1969.


6.  Headquarters, 38th Replacement Battalion, Special Orders Number 259, dated 18 October 1968, show the applicant arrived at Kimpo Air Base, Korea, on or about 18 October 1968.  He was reassigned from the 177th Replacement Company to the 7th Administration Company (Replacement) with an EDCSA (expected date of change of strength accountability) of 23 October 1968.  Item  38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company B, 3d Battalion, 32d Infantry, 7th Infantry Division, on 1 November 1968.

7.  The applicant provided the first page of his separation SF 88.  This document shows he had two bullet wounds in his anterior right arm.  This document is not dated.  His records contained an SF 514-A (Urinalysis), showing he took a urinalysis test on 6 October 1969.

8.  The applicant provided a DA Form 137 that indicated he was to depart Korea on 12 October 1969.

9.  Headquarters, U. S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 185, dated 12 October 1969, released the applicant from active duty effective 12 October 1969.

10.  A DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist), dated 12 October 1969 and signed by an assistant adjutant at the U. S. Army Personnel Center Transfer Station, Fort Lewis, WA, indicated the applicant was released from active duty effective on or about 12 October 1969.

11.  The applicant’s DD Form 214 shows he was released from active duty on  12 October “1967” after completing 1 year, 11 months, and 11 days of creditable active service.  Item 5a (Grade, Rate or Rank) shows his grade as “SGT (T)” (i.e., temporary).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart or the CIB.  Item 25 (Education and Training Completed) contains the entry, “None.”

12.  The applicant provided an email from a former Soldier who was a medic attached to a 27-man Quick Reaction Force on the demilitarized zone in Korea in 1968-1969.  He stated that on or about 18 October (no year is given) the red warning light went off and he headed to the fire fight.  He was treating one E-6 when he saw other wounded men coming towards him.  He got all six men who were on the night ambush patrol inside his armored personnel carrier and cared for the wounded while en route to a rear aid station.  Most of the men had metal fragment wounds, all to the front side.  He remembers one Soldier by the name of (the applicant) because his name was similar to a 1960s singer.  He remembers pulling metal from the applicant’s face and neck and the other men, thinking he hoped he was doing all he could for them.  He got everyone back to the rear aid station and that was the last he heard of those brave Soldiers until this past year.

13.  With his previous case, the applicant provided an excerpt from a veterans’ awards and decorations website.  He circled and highlighted the entry, “April      27 – Two 7th ID soldiers are WIA when their patrol is ambushed by NKs near Panmunjom.”  He annotated this entry, “I was one of the two.”

14.  A review of the historical files of Company B, 3d Battalion, 1st Brigade, 7th Infantry Division (records specific to the 32d Infantry could not be located) at the National Archives in College Park, MD was conducted.  The review failed to provide any documentation indicating the applicant was awarded the Purple Heart or the CIB.

15.  The same review of the historical files discovered a listing of “Significant       U. S.-KPA (Korean Peoples Army) Firefights, November 1966-December 1969.”  This document lists a number of firefights during the period the applicant served in Korea (October 1968 through October 1969); however, only the major unit is identified in the entries for that particular time period (i.e., 2d Infantry Division patrol/guard posts, Eighth Army helicopter, and 7th Infantry Division jeep instead of, for example, 2d Infantry Division, 2d Battalion, 38th Infantry).

16.  No firefight for the date 27 April 1969 is listed, but one is listed for 27 April 1968 in which two U. S. Soldiers on a patrol from the 2d Battalion, 31st Infantry were wounded in action.  The only entry for “18 October” is for 18 October 1969, in which four Soldiers from the 7th Infantry Division were killed.  The only entry for a date in October 1968 after the applicant arrived in country was for             23 October 1968, in which one Soldier was killed and five were wounded in action.  

17.  With his previous case, the applicant provided a printout of the eligibility criteria for award of the Korea Defense Service Medal.  He indicated on the printout that, because two of the eligibility criteria for award of this medal are to have been engaged in actual combat during an armed engagement or being wounded, he was eligible for award of the CIB.

18.  As a result of the applicant’s earlier application to the ABCMR, on                28 September 2005 his DD Form 214 was corrected to show his separation date as 12 October 1969 and the entry, “NONCOMMISSIONED OFFICER COMBAT LEADERSHIP COURSE, PHASE I, 8 WEEKS, JULY 1968” was added.  The earlier case had also noted that the applicant requested, in effect, award of the Korea Defense Service Medal (apparently based upon his providing the printout of the eligibility criteria for this medal).  At the time, an individual had to apply to the Air Force (as the lead Department of Defense component) for award of the medal.  Therefore, the Korea Defense Service Medal was not added to his DD Form 214 when the other corrections were made.  

19.  Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record.

20.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB. 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.

21.  Special provisions exist for Soldiers who served in Korea subsequent to 4 January 1969.  Soldiers must have served in the hostile fire area at least        60 days and be authorized hostile fire pay.  The individuals must have been assigned to an infantry unit of company or smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted men must have had an infantry military occupational specialty.  The Soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times. The Soldier must be recommended personally by each commander in the chain of command and approved at the division level.  

22.  Army Regulation 600-8-22 states the Korea Defense Service Medal was established by the National Defense Authorization Act of 2003.  It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility includes all the land area of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet certain other criteria, to include being engaged in combat during an armed engagement, regardless of the time in the area of eligibility; or being wounded or injured in the line of duty and requiring medical evacuation from the area of eligibility. 
23.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 7 of the version in effect at the time, provided policy and procedural guidance for promotions and reductions.  Section IV governed permanent promotions to all grades.  It stated permanent promotions were intended to encourage and develop a highly-qualified, professionally-oriented NCO and specialist corps for the Regular Army.  In pertinent part, it stated the temporary appointment of Regular Army enlisted personnel in the rank and grade of Sergeant, E-5, automatically became permanent on the date of completion of   12 months time in grade and 4 years time in service.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the separation SF 88 provided by the applicant indicated he had two bullet wounds in his anterior right arm.  However, there is no evidence of record to indicate how he got those wounds.  He provided an email from a former Soldier who stated that he treated the applicant on or about 18 October (no year is given).  He remembered the applicant being one of the Soldiers wounded on that date.  However, he also remembered pulling metal from the applicant’s face and neck.  He made no mention of treating the applicant for bullet wounds to his arm.  

2.  Evidence obtained from the National Archives indicated that there was a significant firefight on 18 October 1969.  However, the preponderance of the evidence shows the applicant had departed Korea on 12 October 1969.  Evidence obtained from the National Archives also indicated that there was a significant firefight on 23 October 1968 (which would have been “around           18 October”), in which one Soldier was killed and five were wounded in action.  However, the available evidence of record shows that the applicant had only just departed the 177th Replacement Company on that date, for assignment to the 7th Administration Company (Replacement).  His DA Form 20 shows he was not assigned to the 3d Battalion, 32d Infantry until 1 November 1969, and he has provided no evidence to show he was assigned to the battalion earlier.

3.  In addition, in his earlier application the applicant was adamant that he was wounded in April.

4.  Regrettably, there is still insufficient evidence to show that the applicant was wounded in action or was awarded the Purple Heart.

5.  There is still insufficient evidence to show the applicant met the special provisions for award of the CIB to Soldiers who served in Korea subsequent to 4 January 1969, particularly that he was engaged with the enemy in the hostile 

fire area or in active ground combat involving an exchange of small arms fire at least five times and that he was recommended personally for award of the CIB by each commander in the chain of command and approved at the division level.

6.  Award of the Korea Defense Service Medal does not automatically make a Soldier eligible for award of the CIB.  As the applicant himself recognizes in his current application, the Korea Defense Service Medal is awarded to Soldiers for “just for showing up” in Korea during the specified period of eligibility.  The phrases “to include being engaged in combat during an armed engagement, regardless of the time in the area of eligibility; or being wounded or injured in the line of duty and requiring medical evacuation from the area of eligibility” are meant to permit award of this medal to a Soldier if he was engaged in combat     or if he was wounded even if he did not remain in Korea for the specified           30 consecutive or 60 nonconsecutive days.  However, as noted above, there is insufficient evidence to show that the applicant engaged in combat or that he was wounded.

7.  It is acknowledged that the applicant’s DA Form 20 shows his date of departure from Korea as 26 October 1969.  However, that entry was made in pencil and was meant to indicate his expected date of departure.  The preponderance of the evidence shows that his actual date of departure was      12 October 1969 and that his date of separation was 12 October 1969.  The portion of the SF 88 from his separation physical examination that he provided was not dated, and his records contained an SF 514-A showing he took a urinalysis test on 6 October 1969, an indicator that he took his separation physical examination on 6 October 1969.

8.  The applicant’s DD Form 214 has already been corrected to add the NCO Combat Leadership Course.  There is no evidence of record and he provided none to show he completed a separate NCO Academy school or the Forward Observer Long Range Reconnaissance school.  Therefore, there is insufficient evidence on which to base adding these schools to his DD Form 214.

9.  The applicant’s DD Form 214 correctly shows his rank as temporary Sergeant.  Permanent promotions were intended to encourage and develop a highly-qualified, professionally-oriented NCO and specialist corps for the Regular Army.  The applicant had been inducted into the Army of the United States.  He had not enlisted in the Regular Army.  Therefore, he would not have received a permanent promotion.  Even if he had been in the Regular Army, E-5 permanent promotions came upon completion of 4 years time in service.  The applicant completed less than 2 years of time in service at the time of his separation.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___XX_____  ___XX_____  _____XX___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  As regards to the applicant's request for correction of his DD Form 214 to show his date of separation as 26 October 1969; to add the NCO Academy and Forward Observer Long Range Reconnaissance schools; and to show his rank was Sergeant (P), 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 to add the Purple Heart and the Combat Infantryman Badge to his DD Form 214, 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 decisions of the ABCMR set forth in Docket Number AR20040000056 dated 3 March 2005.




      _______XXXX _   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20080010078





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ABCMR Record of Proceedings (cont)                                         AR20080010078



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