PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:         24 November 1998     
	DOCKET NUMBER:   AC98-11763

	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	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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 award of the Purple Heart, the Combat Infantryman Badge, the Army Good Conduct Medal, and weapons qualification badges.

3.  The applicant states that his DD Form 214 does not reflect that he received the Purple Heart, and the aforementioned awards are not shown on that form.

4.  The applicant’s military records may have been lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  The applicant’s military records show that he enlisted in the Army for three years on 24 August 1950 and was discharged at Fort Meade, Maryland with the rank of Corporal on 24 August 1953.  His DD Form 214 shows the he was wounded as a result of action with enemy forces, receiving a gun shot wound to his left arm on 22 February 1951 in Korea.  His DD Form 214 shows that he was awarded the Army Occupation Medal and the Korean Service Medal with one bronze service star.  It does not show award of the Purple Heart, CIB, Good Conduct Medal, or any weapon qualification badges.

6.  Various medical documents concerning the treatment of his wound show that he was wounded while assigned to an infantry company of the 5th Cavalry, a 
1st Cavalry Division unit.  One of those documents, dated 15 March 1951, from an Army hospital at Camp Pickett, Virginia, indicates that his organization and arm or service was “Inf-Co F 5th Cav APO 201”.  Another medical document, showing that he received a GSW (gun shot wound) to his left forearm, shows his occupation as an infantryman.

7.  The applicant’s file contains only his DD Form 214 and various medical documents.  There is no information or evidence to show award of any weapon qualification badges. 

8.  Army Regulation 600-8-22 provides 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.

9.  The aforementioned regulation provides, in pertinent part, that the Combat Infantryman 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.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the
termination of a period of Federal military service.

CONCLUSIONS:

1.  The applicant was wounded in action as a result of hostile action and is entitled to award of the Purple Heart. 

2.  The applicant was assigned to an infantry company in Korea during the time he was wounded, and evidence exists that he was an infantryman.  He is entitled to award of the Combat Infantryman Badge. 

3.  The applicant served three years in the Army, honorably and faithfully.  He is entitled to award of the Army Good Conduct Medal.

4.  Although the applicant may well have qualified with a weapon or weapons, and may have been awarded weapon qualification badges, there is no evidence of record to so indicate.  Consequently, there is no basis to grant an award for weapon qualification.

5.  In view of the foregoing, the applicant’s records should be corrected 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 Purple Heart, the Combat Infantryman Badge, and the Army Good Conduct Medal. 

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

BOARD VOTE:  

___gdp__  ___cla__  ___rwg__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.