IN THE CASE OF:	

		BOARD DATE:	  21 April 2009

		DOCKET NUMBER:  AR20090000036 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states he clearly remembers being awarded the Purple Heart and the Combat Infantryman Badge during the Korean War, but neither award is listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 17 June 1952, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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.

3.  The applicant's DD Form 214 shows that he enlisted in the Regular Army for a period of 3 years and entered active duty in Camden, NJ, on 1 February 1949.  This form further shows that at the time of his separation, the applicant held military occupational specialty (MOS) 3238 (Lineman Senior) and that his most significant duty assignment was with Headquarters and Headquarters Battery, 76th Field Artillery Battalion, Fort Sill, OK.

4.  The applicant’s DD Form 214 further shows that he completed 3 years,
4 months, and 17 days of creditable military service, of which 1 year, 3 months, and 10 days was foreign service.  He was honorably separated on 17 June 1952 in the rank/grade of sergeant (SGT)/E-5.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Meritorious Unit Emblem, Korean Service Medal with four bronze service stars, United Nations Service Medal, and the Good Conduct Medal.  Item 27 does not show award of the Purple Heart or the Combat Infantryman Badge.

6.  Item 29 (Wounds Received As a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows the entry “None.” 

7.  The applicant’s reconstructed records do not contain orders awarding him the Purple Heart or the Combat Infantryman Badge.

8.  The applicant's medical records are not available for review with this case.

9.  The applicant’s name is not shown on the Korean Casualty File.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  
11.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show awards of the Purple Heart and the Combat Infantryman Badge.

2.  With respect to award of the Purple Heart, there are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his reconstructed records that show he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  With respect to award of the Combat Infantryman Badge, the evidence of record shows that the applicant held a signal MOS.  There is no evidence in the applicant's records that shows he was awarded an infantry MOS or that he was assigned to an infantry unit of brigade, regimental or smaller size, or that he was directly involved in active ground combat.  In the absence of evidence that he was an infantryman actively participating in active ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.  

4.  There is no evidence in the available records, nor did the applicant provide any documentation to substantiate his contention for the two awards.  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.  The applicant did not submit evidence that would satisfy that requirement. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X__  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.



      _________X______________
               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)                                         AR20090000036



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ABCMR Record of Proceedings (cont)                                         AR20090000036



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