IN THE CASE OF:	  

		BOARD DATE:	  24 February 2010

		DOCKET NUMBER:  AR20090019521 


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).


3.  Formal Hearing Case Summary.

4.  Live testimony and any evidence introduced during the hearing.  The applicant did appear before the Board and was not represented by counsel.


THE APPICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, as the widow of a former service member (FSM), requests correction of the FSM's records by awarding him the Combat Infantryman Badge and the Purple Heart.  

2.  The request for award of the Purple Heart is a request for reconsideration.

3.  The applicant noted on a letter she provided, dated 28 September 1953, that the FSM’s original Korean Service Medal has two battle stars (i.e., bronze service star), but his DD Form 214 only lists one bronze service star.  This is taken to mean she also requests correction of the FSM’s DD Form 214 to show he was authorized two bronze service stars with his Korean Service Medal.

4.  The applicant states, in effect, that the FSM served on the main line of resistance with Company H, 160th Infantry Regiment, 40th Infantry Division before, during, and after the cease fire on 27 July 1953.

5.  The applicant provides a copy of a map of Korea (with Bloody Ridge and Heartbreak Ridge highlighted); an additional copy of the map with additional areas highlighted; an extract of a personal letter, dated 31 July 1953; an extract of a personal letter, dated 12 March 1954; an extract of a personal letter, dated   5 June 1954; the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States); a copy of a personal letter, dated 21 May “52”; a copy of a personal letter, dated 19 August 1953; a copy of a personal letter, dated 28 September 1953; a letter, dated 19 January 2010, from Mr. Paul S___, explaining how he spent many times during his 30 years of military service laying miles of communication wire in both peacetime and wartime; and a copy of a personal letter, dated 9 May 1953.

6.  The following documents are available from the previous case of the applicant requesting the FSM be awarded of the Purple Heart:  an 18 June 2007 personal letter to the Board; a National Personnel Records Center letter, dated 3 June 2007; and an extract from the FSM's unit's morning report for the period ending 24 May 1954. 

7.  Just prior to the formal hearing the applicant provided a copy of a portion of a personal letter dated 16 November 1953, a copy of a portion of a personal letter dated 27 November 1953; and a copy of an envelope postmarked 8 August 1995 with a related memorandum and listing of unit veterans.

8.  During the formal hearing, the applicant presented to the Board members for review photo albums, framed photographs, and a “traveling” replica of a shadow box displaying the FSM’s awards and insignia.

CONSIDERATION OF EVIDENCE:

1.  In regard to the applicant’s request for award of the Purple Heart, 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 AR20070009120 on 29 November 2007.

2.  The FSM'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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.  These documents mainly consist of the documents the applicant provided.

3.  The FSM was inducted into the Army of the United States on 17 November 1952.  He held military occupational specialty (MOS) 1542 (Field Communications Chief) at the time he separated.  

4.  An undated newspaper article states the FSM arrived overseas in May 1953 and was serving with the 7th Infantry Division in Korea as a field wire chief.  It also states he had previously served with the 40th Infantry Division.  

5.  In a personal letter to the applicant dated 21 May “52,” the FSM indicated he was on the main line of resistance.  The Koreans had 18 divisions on the line now and “maybe we (his unit) will be only in replacement for them.”  He stated the division he was in just came off the main line of resistance and had one hundred days on Heart Break Ridge when the going was tough.

6.  In a 31 July 1953 personal letter to the applicant, the FSM stated he was on top of Bloody Ridge.

7.  In a 28 September 1953 personal letter to the applicant, the FSM stated “we received two battle stars now….”

8.  In a 16 November 1953 personal letter to the applicant, the FSM wrote, “I had my M.O.S. changed this (illegible, possibly “week”) from 1812 [Heavy Weapons Infantry Leader] to 1542 [Field Communications Chief]….”

9.  Headquarters, 160th Infantry Regiment, 40th Infantry Division, Special Orders Number 247, dated 20 November 1953, promoted the FSM to sergeant, E-5, on 20 November 1953.  These orders show his unit as Company H, 2d Battalion, 160th Infantry Regiment at the time of his promotion.

10.  In a 12 March 1954 personal letter to the applicant, the FSM indicated he cut his wrist open two weeks earlier and he had just gotten the stitches removed on the day the letter was written.

11.  In an extract of a 5 June 1954 personal letter, the FSM indicated his arm was not doing well and he had to return to the doctor.

12.  Headquarters, 1264th Army Service Unit Personnel Center, Special Orders Number 266, dated 12 November 1954, show the FSM was honorably released from active duty on 16 November 1954.  These orders show his Branch of Service as Artillery and his MOS as 1542. 

13.  The FSM's DD Form 214 shows he was honorably released from active duty on 16 November 1954 and was transferred to the U.S. Army Reserve.  His DD Form 214 (as amended) shows the Korean Service Medal with one bronze service star, the Republic of Korea Presidential Unit Citation, the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea - Korean War Service Medal as authorized awards.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the FSM's DD Form 214 shows the entry "None."  His name is not listed on the Korean Casualty Roster.

14.  The available records do not contain any orders or any other evidence that shows the FSM was awarded or recommended for award of the Combat Infantryman Badge or the Purple Heart.

15.  In a 3 June 2007 letter, the National Personnel Records Center informed a congressman that a record search failed to show the FSM received wounds or injuries.  The letter indicated that a Morning Report search of Company H, 160th Infantry, 40th Infantry Division, only shows one entry with the FSM's name.

16.  An extract of the morning report for the period ending 24 May 1954 indicates the FSM was reassigned to the 7th Replacement Company, 7th Infantry Division.

17.  In an 18 June 2007 letter from the applicant's previous case, she indicated the FSM received an injury in February 1954 in Korea.  The FSM was a field wire chief with Company H, 160th Infantry Combat Regiment, 40th Infantry Division.  The FSM and four men went to inspect and repair wires.  The FSM heard a "pop" and was covered with blood.  Stitches were required for his hand and arm wound.  She also indicated the FSM was transferred to the 17th Infantry Regiment, 7th Infantry Division, at the end of May 1954.  The FSM went to a doctor in June [1954] because he was still experiencing pain in his hand and arm.  The FSM expressed in the letter that "I should have known better - wires cut clean - not frayed."  She had since learned that many times these wires were booby trapped by the North Koreans.

18.  The armistice officially ending hostilities during the Korean War was signed on 27 July 1953.  

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.  For the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  



20.  Army Regulation 600-8-22 states there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

21.  Army Regulation 600-8-22 provides for the wear of a bronze service star on the appropriate service medal, to include the Korean Service Medal, for each campaign participation credit.  The dates of the Korea Summer 1953 campaign are 1 May 1953 through 27 July 1953.

22.  On 24 February 2010, a formal hearing was held in the applicant’s case.  The applicant attended and testified to the FSM’s Korean War/immediate post-Korean War service in Korea.  She testified that the FSM was very reluctant to talk about his wartime service and about the injury he received.  She afforded the Board an opportunity to review her photo albums recording the FSM’s wartime and post-wartime service.  She also afforded the Board an opportunity to review a “traveling” replica of a shadow box displaying the FSM’s awards and insignia.  This “traveling” shadow box included branch insignia that was worn on the FSM’s uniform.  It was Infantry branch insignia.

DISCUSSION AND CONCLUSIONS:

1.  In regard to the Combat Infantryman Badge, the majority of the Board believed that the 16 November 1953 letter from the FSM stating he had just had his military occupational specialty changed from 1812 to 1542, combined with his letter stating he was on the main line of resistance and with the infantry branch insignia provided by the applicant, was sufficient evidence to show the FSM met the eligibility criteria for award of the Combat Infantryman Badge.  The majority of the Board believed that since there was no cease fire (from May to 27 July 1953) and the FSM was on the main line of resistance, that it could be presumed there were skirmishes and combat at the time, resolving any doubt in the applicant’s and the FSM’s favor.

2.  In regard to the Purple Heart, the Board unanimously concluded that there just was not sufficient evidence to warrant awarding the FSM the Purple Heart.  
While the FSM’s letters were accepted as evidence that he incurred and was 
treated for an injury, there was not sufficient evidence to show that the injury was the result of hostile action.

3.  In regard to a second bronze service star, the Board unanimously concluded that there was not sufficient evidence to warrant correcting the FSM’s records to show he was eligible for a second bronze service star.  The FSM’s records are not available, and an undated newspaper article states the FSM arrived overseas in May 1953.  Therefore, based upon the available evidence, it appears the FSM was eligible for participation credit for only one campaign, Korea Summer 1953          (1 May 1953 through 27 July 1953).

4.  In view of the foregoing, the majority of the Board recommended awarding the FSM the Combat Infantryman Badge but denying the applicant’s request pertaining to award of the Purple Heart or one additional bronze service star.

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the applicant's request to correct the FSM's records by awarding him the Combat Infantryman Badge, 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 adding the Combat Infantryman Badge to his DD Form 214 and issuing to the applicant a Combat Infantryman Badge.

2.  In regard to the applicant’s request to correct the FSM’s records by showing he was authorized one additional bronze service star with his Korean Service Medal, the Board determined that the evidence presented is insufficient to warrant the requested relief.

3.  In regard to the applicant's request for reconsideration of her request to award the FSM 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 AR20070009120 dated 29 November 2007.



      _______ _  XXX_______   ___
               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)                                         AR20090019521





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ABCMR Record of Proceedings (cont)                                         AR20090019521



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508




ABCMR Record of Proceedings (cont)                                         AR20090019521



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