PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           9 December 1998                  
	DOCKET NUMBER:   AC98-09504

	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.  

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show two awards of the Purple Heart (correctly known as the Purple Heart with one Oak Leaf Cluster), the Silver Star and the Combat Infantryman Badge.

3.  The applicant states that, in effect, he earned the medals and they are not documented on his DD Form 214.  In support of his application, he submits a copy of orders announcing award of the Silver Star, two newspaper articles, and a Letter of Appreciation.  The Disabled American Veterans, as counsel for the applicant, supports his request.  The Disabled American Veterans requests that relief be granted consistent with the evidence of record.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant entered active duty on 21 August 1947.  He served as a light weapons infantryman in Korea and was separated in the grade of sergeant with an honorable discharge on 21 August 1956.

5.  The applicant’s DD Form 214 with a separation date of 21 August 1956, which was authenticated in his own hand, does not show the Purple Heart with one Oak Leaf Cluster, the Silver Star or the Combat Infantryman Badge as authorized awards.  The Board notes the DD Form 214 does show the applicant received a shrapnel wound on 6 June 1951 in Korea and was awarded the Purple Heart.    

6.  There is no evidence in the applicant’s personnel records that show he was injured or wounded a second time as a result of hostile action during his tour in Korea.

7.  The applicant provided a one-page copy of the 7th Infantry Division General Orders Number 337, dated 10 July 1951, which shows he was awarded the Silver Star.  The applicant’s personnel records contain a two-page 7th Infantry Division General Orders Number 337, dated 10 July 1951.  This General Order shows that Section I awards a second lieutenant the Silver Star and Section II awards a corporal and the applicant the BSM with “V” Device. 

8.  There are no orders in the applicant’s personnel records which show he was awarded the Combat Infantryman Badge.  Records show the applicant served as a light weapons infantryman and was assigned to an infantry company while in Korea. 
 
9.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantry Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 
 
CONCLUSIONS:

1.  The applicant’s DD Form 214 shows one award of the Purple Heart.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or injured a second time as a result of hostile action.  Therefore, he is entitled to only one award of the Purple Heart and no correction to his DD Form 214 is required.

2.  The applicant provided an altered copy of orders awarding him the Silver Star. Evidence of record shows the applicant was awarded the BSM with “V” Device, not the Silver Star.  Therefore, he is not entitled to correction of his DD Form 214 to show the Silver Star. 

3.  Evidence of record shows the applicant served in an infantry military occupational specialty while assigned to an infantry company in Korea.  Therefore, he is entitled to award of the Combat Infantryman Badge.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

JH________  FNE________  TBR________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-09504/AR1998012419	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981209	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19560821	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.