IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100019735 


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 award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he spent the majority of his time in Korea attached to the Reconnaissance Company, 279th Infantry Regiment.

   a.  He states that "while on Out Post duty [on] the night of October 23, 1952 on Hill 422 in Kuvan Province, North Korea" his unit was overrun by elements of the Chinese Army.  He was wounded with a gunshot wound to his upper left leg and shrapnel to his right knee.  

   b.  He states that all of the members of his unit were killed in action and he hid under a dead body while Chinese soldiers patrolled the area.  The applicant also states that one of them hit his arm with a rifle; however, he did not move.  He adds that, after the Chinese soldiers left the area, he made his way back to friendly lines.

   c.  He states he was sent to a Mobile Army Surgical Hospital (MASH) and received medical treatment.  He also states he was assigned to Headquarters, 279th Infantry Regiment for two months and performed custodial duties at night. He adds he was listed as a clerk typist even though he did not know how to type.
   
   d.  He states that "on October 15, 1952 [sic] upon returning to the front line [he] was awarded the Purple Heart.  He also states he is entitled to the Combat Infantryman Badge based on his combat experience.
   e.  He states that the clerk that typed his DD Form 214 (Report of Separation from the Armed Forces of the United States) was in hurry because the applicant had to travel to Inchon to catch a troop ship to transport him to the United States. He adds he never checked his DD Form 214 until just recently and realized the Purple Heart and Combat Infantryman Badge were omitted from the document.

3.  The applicant provides no documentary evidence in support of his application.

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 was inducted into the Army of the United States (AUS) on
19 February 1951.  The applicant enlisted with the name "Gordon A. H-----ski."

3.  A Standard Form (SF) 88 (Report of Medical Examination), dated 19 February 1951, conducted for the purpose of the applicant's pre-induction into the AUS, shows in the Clinical Evaluation section, item 39 (Identifying Body Marks, Scars, Tattoos), that an "x" was placed in the "Abnormal" column and a typed entry
"39  Scar, left thigh - ND."

4.  The applicant's DD Form 230 (Service Record) shows in:

   a.  Section 3 (Organizations to Which Assigned and Attached) that he was assigned to Headquarters and Headquarters Company, 279th Infantry Regiment, from 26 August 1952 to 12 January 1953;

   b.  Section 7 (Combat Record) he served in the Korea Summer - Fall 1952 campaign;

   c.  Section 8 (Wounds Received Through Enemy Action) is blank; and
   
   d.  Section 9 (Medals, Decorations, and Citations) the Korean Service Medal with one bronze service [campaign] star and the United Nations Service Medal.
5.  Headquarters, 164th Infantry, 47th Infantry Division, Camp Rucker, AL, Special Order Number 93, dated 9 August 1951, awarded the applicant primary military occupational specialty (MOS) 4745 [Light Weapons Infantryman].

6.  Headquarters, 279th Infantry, Special Order Number 310, dated 17 December 1952, awarded the applicant MOS 4405 [Clerk Typist] as his potential primary MOS.

7.  An SF 88, dated 16 February 1953, conducted for the purpose of the applicant's separation from the AUS, does not show any evidence of the applicant having had a wound or injury to his upper left leg or right knee.

8.  The applicant's DD Form 214 shows he entered active duty this period on
19 February 1951, was honorably released from active duty on 19 February 1953, and transferred to the Enlisted Reserve Component to complete his Reserve obligation.  At the time he had completed 2 years of net active service this period and 6 months and 9 days of foreign service.  It also shows in:

   a.  item 4 (Component and Branch or Class) the entry "AUS Infantry";

   b.  item 27 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Korean Service Medal with one bronze service star and United Nations Service Medal;
   
   c.  item 28 (Most Significant Duty Assignment) that he was assigned to Headquarters and Headquarters Company, 279th Infantry Regiment,
45th Infantry Division [Korea]; and

   d.  item 29 (Wounds Received As A Result Of Action With Enemy Forces) the entry "None."

9.  There are no orders or other evidence in the applicant's military service records that shows he was awarded the Purple Heart.

10.  A review of The Adjutant General Office, Casualty Division's Korean Casualty Roster, did not reveal the applicant's name on the roster.

11.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.

12.  The applicant enlisted in the U.S. Air Force Reserve for a period of 3 years on 8 June 1956 with the name "Gordon A. H----."

13.  Army Regulation 600-8-22 (Military Awards) provides the policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  In order to support awarding a service member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record at the time.

   b.  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 or attached 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.  More specifically, 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 award of the Purple Heart because he was wounded in Korea on 23 October 1952 and the Combat Infantryman Badge based on his combat experience.

2.  The applicant's claim to the Purple Heart was carefully considered.

   a.  The sincerity of the applicant's claim is not in question.  However, in order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	b.  There is no evidence in the applicant's available military service records to satisfy the strict requirements for award of the Purple Heart.  Specifically, the applicant's name is not listed on the Korean Casualty Roster and there is no evidence the applicant was awarded the Purple Heart.

   c.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.

3.  The applicant's claim to the Combat Infantryman Badge was carefully considered.

   a.  The evidence of record shows the applicant held an infantry MOS and he was assigned to Headquarters and Headquarters Company, 279th Infantry Regiment, in Korea.  However, this alone, is insufficient to meet the strict criteria required for award of the badge.

   b.  Records fail to show the applicant satisfactorily performed infantry duties during such time as his unit was engaged in active ground combat and that he actively participated in such ground combat under hostile fire.  In addition, there are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.

   c.  Thus, the evidence of record does not show the applicant met the strict requirements for award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence to support the applicant's claim to the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20100019735



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ABCMR Record of Proceedings (cont)                                         AR20100019735



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